Page 112 - DMGT516_LABOUR_LEGISLATIONS

Unit 5: The Contract of Employment

8. Register of standing orders: A copy of all standing orders as finally certified under this Act Notes
shall be filed by the Certifying Officer in a register in the prescribed form maintained for
the purpose, and the Certifying Officer shall furnish a copy there of to any person applying
there for on payment of the prescribed fee.
9. Posting of standing orders: The text of the standing orders as finally certified under this
Act shall be prominently posted by the employer in English and in the language understood
by the majority of his workmen on special boards to be maintained for the purpose at or
near the entrance through which the majority of the workmen enter the industrial
establishment and in all departments thereof where the workmen are employed.

10. Duration and modification of standing orders:
(1) Standing orders finally certified under this Act shall not, except on agreement
between the employer and the workmen [or a trade union or other representative
body of the workmen] be liable to modification until the expiry of six months from
the date on which the standing orders or the last modifications thereof came in to
operation.
(2) Subject to the provisions of sub-section (1), an employer or workman [or a trade
union or other representative body of the workmen] may apply to the Certifying
Officer to have the standing orders modified, and such application shall be
accompanied by five copies of the modifications proposed to be made, and where
such modifications are proposed to be made by agreement between the employer
and the workmen 19 [or a trade union or other representative body of the workmen],
a certified copy of that agreement shall be filed along with the application.
(3) The foregoing provisions of this Act shall apply in respect of an application under
sub-section (2) as they apply to the certification of the first standing orders.
(4) Nothing contained in sub-section (2) shall apply to an industrial establishment in
respect of which the appropriate Government is the Government of the State of
Gujarat or the Government of the State of Maharashtra.
10A. Payment of subsistence allowance:

(1) Where any workman is suspended by the employer pending investigation or inquiry
into complaints or charges of misconduct against him, the employer shall pay to
such workman subsistence allowance–
(i) At the rate of fifty per cent of the wages which workman was entitled to
immediately preceding the date of such suspension, for the first ninety days of
suspension; and
(ii) At the rate of seventy-five per cent of such wages for the remaining period of
suspension if the delay in the completion of disciplinary proceedings against
such workman is not directly attributable to the conduct of such workman.
(2) If any dispute arises regarding the subsistence allowance payable to a workman
under sub-section (1), the workman or the employer concerned may refer the dispute
to the Labour Court, constituted under the Industrial Disputes Act, 1947 (14 of 1947),
within the local limits of whose jurisdiction the industrial establishment wherein
such workman is employed is situate and the Labour Court to which the dispute is
so referred shall, after giving the parties an opportunity of being heard, decide the
dispute and such decision shall be final and binding on the parties.

(3) Notwithstanding anything contained in the foregoing provisions of this section,
where provisions relating to payment of subsistence allowance under any other law

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