Standing Orders Modification

Standing Orders Modification

What is Standing Orders Modification ?

Changes to the Standing Order shall be effected by a similar procedure as above. [section 10] Section 10 deals with the duration and modification of standing orders, which states that standing orders finally certified under the Industrial Employment Act, 1946 cannot be changed Except on agreement between the employer and the employees or a trade union or other representative body of the employees before the expiration of 6 months from the date on which the Standing Orders or last amendment became operational. The purpose of the time limit was to give the standing orders or their modification a fair trial.

Who & When can apply?

Before 1956, the right to apply for amendments was only granted to the employer, but later, through the 1956 amending act, it allowed both the employer and the workers to apply for amendments to the Standing Orders. Later in 1982– amendment also included the trade union or other eligible employee representatives who can apply for amendments.

Applications for modifications can be made only after the expiry of 6 months from the date on which standing Orders or the last modifications thereof came into opertaion. The 6 months period is not necessaary when there is an agreement between the employer and the workmen.

Section 10 (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 [or a trade union or other representative body of the workmen] a certified copy of that agreement shall be filed along with the application.”

Authentication of standing order and modification of order

• A standing order must be authenticated by signing and sealing the certifying officer’s office or the appeal authority and such officer or authority should forward to the employer by registered letter within a week of authentication and to the trade union or, as the case may be, to the workers ‘ representatives elected in accordance with the law.
• A certified standing order shall not be subject to change unless it is agreed between the employer and the workers or between a trade union or other representative body of the workers until the expiry of six months from the date of entry into operation of standing orders or the last modifications thereof.

Procedure for Modification- Section 10(2)

The application for amendment shall be accompanied by 5 copies of the proposed amendment and, where such amendment is proposed by agreement between the employer and the workmen, a certified copy of that agreement shall be submitted together with the application. This provision applies to the rest of India except in Gujrat and Maharashtra State (Section 10(4)).