KNOWLEDGE BLOG ON "INDIAN LABOUR LAW AND HUMAN RESOURCE" - ADVOCATE GIRISH JAYRAM VIVALKAR: 05/21/15

Thursday 21 May 2015

Procedure under the Industrial Employment (Standing Orders) Act, 1946 – for certification of standing orders

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.

Hope this small write up will give insight about pertained subject.

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Powers of Shops and Establishment Inspector under the Bombay Shops and Establishment Act, 1948

As per section 49 of Bombay Shops and Establishment Act, 1948 Shops and Establishment Inspector appointed under the Bombay Shops and Establishment Act, 1948 has following power-

1) To enter any place which is an establishment;

2) To make examination of the premises, registers, records and notices;

3) To take evidence of any person;

4) If Shops and Establishment Inspector suspects that an employer has committed an offence under section 52 or 55, to seize the necessary register, records or other documents and retain them for a reasonable period of examination thereof or for prosecution of the employer.