Page 110 - DMGT516_LABOUR_LEGISLATIONS

Unit 5: The Contract of Employment

(c) "Certifying Officer" means a Labour Commissioner or a Regional Labour Notes
Commissioner, and includes any other officer appointed by the appropriate
Government, by notification in the Official Gazette, to perform all or any of the
functions of a Certifying Officer under this Act:
(d) "employer" means the owner of an industrial establishment to which this Act for the
time being applies, and includes:
(i) In a factory, any person named under [clause (f) of sub-section (1) of Section 7
of the Factories Act, 1948], as manager of the factory;
(ii) In any industrial establishment under the control of any department of any
Government in India, the authority appointed by such Government in this
behalf, or where no authority is so appointed, the head of the department;
(iii) In any other industrial establishment, any person responsible to the owner
for the supervision and control of the industrial establishment;
(e) "industrial establishment" means
(i) An industrial establishment as defined in clause (ii) of Section 2 of the Payment
of Wages Act, 1936, or
(ii) A factory as defined in clause (m) of Section 2 of the Factories Act, 1948, or
(iii) A railway as defined in clause (4) of Section 2 of the Indian Railway Act, 1890,
or
(iv) The establishment of a person who, for the purpose of fulfilling a contract
with the owner of any industrial establishment, employs workmen;

(f) "Prescribed' means prescribed by rules made by the appropriate Government under
this Act;
(g) "Standing orders" means rules relating to matters set out in the Schedule;

(h) "Trade union" means a trade union for the time being registered under the Indian
Trade Union Act, 1926;
(i) "wages" and "workman" have the meanings respectively assigned to them in clauses
(rr) and (s) of Section 2 of the Industrial Disputes Act, 1947 (14 of 1947).
3. Submission of draft standing orders.
(1) Within six months from the date on which this Act becomes applicable to an industrial
establishment, the employer shall submit to the Certifying Officer five copies of the
draft standing orders proposed by him for adoption in this industrial establishment.

(2) Provision shall be made in such draft for every matter set out in the Schedule which
may be applicable to the industrial establishment, and where Model standing orders
have been prescribed shall be, so far as is practicable, in conformity with such
model.
(3) The draft standing orders submitting under this section shall be accompanied by a
statement giving prescribed particulars of the workmen employed in the industrial
establishment including the name of the trade union, if any, to which they belong

(4) Subject to such conditions as may be prescribed, a group of employers in similar
industrial establishments may submit a joint draft of standing orders under this
section.

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