Special Features of the Industrial Employment Act, 1946

There are three important features of the Act:

1. Concept of Standing orders

2. Adjudicatory powers of the certifying officer

3. CSO: Certified Standing Orders; to have the force of law

Concept of Standing Instructions:

An instruction or prescribed procedure in force permanently or until changed or cancelled .

Adjudicatory powers of the certifying officer:

Roles of adjudicating Authorities in settlement of Industrial disputes:

Industrial Disputes Act 1947 is to ensure a peaceful settlement of the industrial Disputes through the compulsory adjudication method as an alternative to strikes and lockouts which are inherent in the process of collective bargaining and to establish a machinery for the protection of rights of the workmen and to provide them Social Justice by deciding the case.

Adjudicate in its very common usage is to make an official decision on to who is right in a dispute.

Certification of Standing Orders:

It is mandatory for every employer covered under the Industrial Employment Standing Orders Act has to get standing orders to the certifying officer such as a labour commissioner or a regional labour commissioner and also includes any other officer appointed to perform the function of certifying officer.

Procedure for Certification of Standing Orders:

1.On receipt of the draft standing orders , the certifying officer will forward a copy to the trade union together with a notice in Form II where there is a trade union functioning in the industry.

2. Certifying officer will hold election of three representatives by the workmen from among themselves or authorize any officer in working to hold such election ; and then a copy of the notice in Form-II can be forwarded.

3. Certifying officer after hearing makes necessary modification in the draft standing order if required and certify the same and within seven days the copies of the standing order authenticated by him will reach to the employer and the trade union or the prescribed representatives of the workmen.

4.Any workman, employer, trade union or other specified representatives of any workman , aggrieved by the order of the certifying officer within 30 days from the date on which copies of the certified standing orders are sent can be submitted as a memorandum of appeal in Form - 4 in quadruplicate appeal to the appeal ate authority.

5. The appellant authority can proceed after giving the appealant an opportunity of being heard will pass final order on the appeal petition and his decisions will be made final.