Others Provisions Relating to Standing Orders

    Date of Operation of Standing Orders [Section 7]

    The standing orders certified by the Certifying Officer shall unless an appeal is preferred, come into operation on the expiry of 30 days from the date on which authenticated copies are sent. If an appeal is preferred, it shall come into operation on the expiry of seven days from the date on which copies of the orders of the Appellate Authority are sent.

    After a standing order comes into operation, it is binding upon the employer, all his employees presently employed, and also those employed thereafter in the establishment. The right of the employees to challenge the validity or propriety of such an order to claim modification in it by raising an Industrial Dispute cannot be disputed.

    Further, it is not open to the employer and the workmen to contract themselves out of the right and obligations created by the standing order. Section 7 of the Act is subject to no limitations. Therefore, the standing order after being certified must come into operation in accordance with the provisions of Section 7 of the Act.

    Non-compliance with the provisions of Section 9 of the Act was held not to affect the operation of the standing orders which were duly certified.

    Register of Standing Orders [Section 8]

    A copy of all standing orders as finally certified under the Act shall be filed by the Certifying Officer in a register in the prescribed form maintained for the purpose. The Certifying Officer shall furnish a copy thereof to any person applying thereof on payment of the prescribed fee.

    Posting of Standing Orders [Section 9]

    The text of the standing orders as finally certified under the Act shall be prominently posted by the employer in English and in the language understood by the majority of the 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.

    Duration and Modification [Section 10]

    Standing orders finally certified under the Act shall not, except on agreement between the employers 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 into operation.

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