Page 111 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes 4. Conditions for certification of standing orders: Standing orders shall be certifiable under
this Act if–
(a) Provision is made therein for every matter set out in the Schedule which is applicable
to the industrial establishment, and
(b) The standing orders are otherwise in conformity with the provisions of this Act;
and it [shall be the function] of the Certifying Officer or appellate authority to adjudicate
upon the fairness or reasonableness of the provisions of any standing orders.
5. Certification of standing orders:
(1) On receipt of the draft under Section3, the Certifying Officer shall forward a copy
thereof to the trade union, if any, of the workmen, or where there is no such trade
union, if any, of the workmen or where there is no trade union, to the workmen in
such manner as may be prescribed, together with a notice in the prescribed form
requiring objections, if any, which the workmen may desire to make to the draft
standing orders to be submitted to him within fifteen days from the receipt of the
notice.

(2) After giving the employer and the trade union or such other representatives of the
workmen as may be prescribed an opportunity of being heard, the Certifying Officer
shall decide whether or not any modification of or addition to the draft submitted
by the employer is necessary to render the draft standing orders certifiable under
this Act, and shall make an order in writing accordingly.
(3) The Certifying Officer shall thereupon certify the draft standing orders, after making
any modifications there in which his order under sub-section (2) may require, and
shall within seven days thereafter send copies of the certified standing orders
authenticated in the prescribed manner and of his order under sub-section (2) to the
employer and to the trade union or other prescribed representatives of the workmen.
6. Appeals:
(1) [Any employer, workmen, trade union or other prescribed representatives of the
workmen] aggrieved by the order of the Certifying Officer under sub-section (2) of
Section 5 may, within [thirty days] from the date on which copies are sent under sub-
section (3) of that section, appeal to the appellate authority, and the appellate
authority, whose decision shall be final, shall by order in writing confirm the standing
orders either in the form certified by the Certifying Officer or after amending the
said standing orders by making such modifications thereof or additions there to as
it thinks necessary to render the standing orders certifiable under this Act.
(2) The appellate authority shall, within seven days of its order under sub-section (1)
send copies thereof to the Certifying Officer, to the employer and to the trade union
or other prescribed representatives of the workmen, accompanied, unless it has
confirmed without amendment the standing orders as certified by the Certifying
Officer, by copies of the standing orders a certified by it and authenticated in the
prescribed manner.
7. Date of operation of standing orders: Standing orders shall, unless an appeal is preferred
under Section 6, come into operation on the expiry of thirty days from the date on which
authenticated copies thereof are sent under sub-section (3) of Section 5, or where an appeal
as aforesaid is preferred, on the expiry of seven days from the date on which copies of the
order of the appellate authority are sent under sub-section (2) of Section 6.

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