The question “what is the procedure which employer has to
follow for certification of standing orders under Industrial Employment
(Standing Orders) Act, 1946?” is commonly asked question among most of
individual and to answer this we need to take reference of section 3 to 6 of
the Industrial Employment (Standing Orders) Act, 1946 which will be as follows:
1)
The employer has to prepare a draft of the
standing orders which employer proposes to adopt for its industrial
establishment. The draft must make provision for every applicable matter
specified in the Schedule appended to the Industrial Employment (Standing
Orders) Act, 1946. It must be in conformity with the provisions of the
Industrial Employment (Standing Orders) Act, 1946 and as far as possible; it
should be in conformity with the prescribed Model Standing Orders.
2)
Secondly, the employer has to submit the draft
standing order prepared by them to the Certifying Officer for adoption in its
Industrial Establishment which employer has to do within six months from the
date on which the Industrial Employment (Standing Orders) Act, 1946 becomes
applicable to said industrial establishment.
3)
Thirdly, after receiving the draft standing
orders the Certifying Officer has to call and hear the employer and the workmen
concerned and decide whether or not any changes are necessary in the draft to
make it certifiable under the Industrial Employment (Standing Orders) Act,
1946.
4)
If the employer is aggrieved by the order of the
Certifying Officer then said employer has to prefer an appeal to the Appellate
Authority for the necessary relief. The order of the Appellate Authority will
be final in that case.
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