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(20 of 1946)1 |
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[ 23rd April, 1946 ] |
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An Act to require employers in industrial establishments formally to define conditions of employment under them.
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WHEREAS it is expedient to require employers in industrial establishments to define with sufficient precision the conditions of employment under them and to make the said conditions known to workmen employed by them;
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It is hereby enacted as follows:- |
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1. |
Short title, extent and application .- |
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(1) |
This Act may be called the Industrial Employment (Standing Orders) Act, 1946.
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(2) |
It extends to 2[the whole of India 3[*
* *]]. |
4[(3) |
It applies to every industrial establishment where in one or more workmen are employee are employed on any day of the preceding twelve months: |
Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of persons less than one hundred as may be specified in the notification. |
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5[* * *] |
6[(4) |
Nothing in this Act shall apply to-
(i) |
any industry to which
the provisions of Chapter VII of the
Bombay Industrial Relations Act, 1946
(Bombay Act 11 of 1947) apply; or |
(ii) |
any industrial establishment to which the provisions of the Madhya Pradesh Industrial Employment (Standing Orders ) Act, 1961 (Madhya Pradesh Act 26 of 1961) apply: |
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Provided that notwithstanding anything contained
in the Madhya Pradesh Industrial Employment
(Standing Orders) Act, 1961 (Madhya Pradesh
Act 26 of 1961), the provisions of this Act
shall apply to all industrial establishments
under the control of the Central Government.
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(i) |
Once
the Industrial Employment (Standing Orders)
Act becomes applicable to an establishment,
it does not cease to apply on account of
a subsequent fall in the number of the
workmen in the establishment; Balakrishna
Pillai v. Anand Engineering Works (P) Ltd.,
(1974) II LLN 199 (Bom). |
(ii) |
The Industrial Employment (Standing Order) Act, 1946 contains a general provision requiring employers in the industrial establishments to define terms and conditions of the employment under them and to make such terms and conditions known to the workmen employed by them, from the very beginning; Narendra Pal Gahlot v. State of Uttar Pradesh, (1994) LLR 21 (All). |
(iii) |
Any order may be questioned
under article 226 of the Constitution of
India if the Certified Standing Orders are
illegal, arbitrary and violative of the principles
of natural justice; Narendra Pal Gahlot v.
State of Uttar Pradesh, (1994) LLR 21 (All). |
(iv) |
The certified standing
orders when come in force will be binding
to the existing as well as those employees
who are appointed subsequently; Hyderabad
Allwyn Ltd. Co. v. Addl. Industrial Tribunal-cum-Labour
Court ; (1990) 76 FJR 139 (AP). |
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