Download - factories & Standing orders

8/14/2019 factories & Standing orders

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GROUP MEMBERS

Prachi Pharande 12107A0011

Nivedita Wagh 12107A0020

Pratika Surkar 12107A0016

Priyanka Kambli 12107A0041

Rinita Malwankar 12107A0052

Aparna Manjrekar 12107A0054


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DEFINITION

Definition under the Act (Sec.2)

StandingOrdersmean rules relating to matters set out

in the Schedule to the Act [Sec.2(g)] to be covered and in

respect of which the employer has to draft for submission to

the Certifying Officer, are matters specified in the Schedule.


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OBJECTIVES OF THE ACT

To require employers to define the conditions of work

To bring about uniformity in terms and conditions of

employment

To minimize industrial conflicts

To foster harmonious relations between employers andemployees.

To provide statutory sanctity and importance to standing

orders


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SCOPE AND APPLICATION

Extends to the whole of India

Establishment-100 or more workmen are employed

On any day preceding twelve months

Applicability continuous if the no. of workmenemployed gets reduced to less than 100

The appropriate Govt. can exempt any establishmentfrom any of the provisions of the Act


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CONTN..

Applies-railways, factories, mines, quarries, oil-fields,tramways, motor services, docks, plantations,workshops, civil construction and maintenanceworks.

The Act has 15 sections and a schedule.

It applies to all the skilled or unskilled, manual,

supervisory, technical, clerical work also apprentices

Wages exceeding Rs.1600 are not covered


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Procedure for the Approval of

Standing Orders The main provision that deal for the approval of Standing

Orders are:

1. Procedure for the submission of Draft Standing Orders[Section 3].

1. Procedure for the Conditions for Certification of Standing

Orders [Section4].

2. Procedure for Certification of Standing Orders (Procedure

for Adoption) [Section 5].

3. Appeals [Section 6].


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Procedure for the submission of

Draft Standing Orders1. Within 6 months from the date on which this Act becomes

applicable to industrial establishment, the employer shall submit

to the Certifying Officer 5 copies of the draft standing orders

proposed by him.

2. Provision shall have to be made as such every matter set out in

the Schedule which may be applicable to the industrial

establishment and were model standing orders have been

prescribed.

3. Subject to such conditions as may be prescribed, a group ofemployers in similar industrial establishments may submit a join

draft or standing orders under this section.


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Procedure for the Conditions for

Certification of Standing Orders

The standing order to be certified by the certifying officer

under certain conditions:

1. If provision is made therein for every matter set out in

the schedule which is applicable to the Industrial

Establishment; and

2.If the standing orders are otherwise in conformity withthe provision of this Act and it shall be the function of

the Certifying Officer or appellate authority to

reasonableness of the provision of any standing

orders.


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Procedure for Certification of Standing

Orders (Procedure for Adoption)

1. The Certifying officer receipt of the draft Standing Orders

from the employer shall forward a copy of the draft standing

orders to the recognized trade union of the establishment

seeking submission of objection to draft standing orders ifany.

2. The standing orders came into operation on the expiry of 30

days from the date on which the authenticated copies of the

standing orders are forwarded to the employer and theworkmen by the certifying officer.

3. The conditions of employment, which will be binding on the

employer and the workmen from the date when they become

operational.


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Appeal of Standing Orders

Any employer, workmen, trade union or other prescribed

representatives of workmen aggrieved by the order of the

Certifying Officer may appeal to the appellate authority

within 30 days from the date on which copies are to be sent

to them.

The appellate authority may confirm the standing orders as

certified, or may make modifications or additions to render

them certifiable and it has to send copies of the same to the

concerned person within 7 days of the order[Sec. 7].


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Modification of Standing Orders

Standing Order finally certified under the Act shall not,

except on agreement between the employers and the

workmen or their Trade Union be liable to modification until

the expiry of 6 months from the date on which the standing

orders came into operation.

Subject to the provision 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 5 copies of the modifications proposed to

be made.


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Certifying Officer

Definition:-

The certifying officer under standing order

act means Regional Labor Commissioner, LaborCommissioner or other officer appointed by the

appropriate government by the notification in the Official

Gazette, to perform all or any of the functions of

certifying officer under Act.


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Powers of Certifying Officer:-

Every Certifying Officer and appellate authority shall have

all the powers of Civil Court for he purpose of:

1. Receiving Evidence,

2. Administering oaths,

3. Enforcing the attendance of witness, and

4. Compelling the discovery and production of documents.


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Payment of Subsistence

Allowance Where any workmen is suspended by the employer

pending investigation or inquiry into complaints or

charge of misconduct against him, the employer shall

pay to such workmen subsistence allowance:

a. At the rate of 50% of the wages which the employer is

entitled to immediately preceding the date of such

suspension, for the 90 days of suspension; and

b. At the rate of 70% of such wages for the remaining

period of suspension.


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Offences and Penalties

An employer fails to submit the draft Standing Orders

as required by Section 3 or who modified his standing

orders otherwise with sec.10

An employer who does not act in contravention of the

standing orders

No persecution for any offence punishable under this

section 13 shall be instituted except with the previous

sanction of the appropriate government.


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Model Standing Orders

Classification of Workers

Publication of Work Time, Holidays, Pay Days and Wage Rates

Shift Working

Attendance and Late Coming

Leave and Holidays

Casual Leave

Payment of Wages

Stoppage of Work

Termination of Employment

Disciplinary Action for Misconduct

Suspension

Dismissal

Complaints


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CASE STUDY

Ss.22-A- Suspension continues after 5 days also.

Bombay Dyeing and Manufacturing Co.Ltd

Vs

Aditya Narayan Shyam Charan Upadhyay 1993

I CLR 77 ( Bom H.C)


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Case V.K Verma vs Hindustan

Machine Tools

Petitioner filed caseCannot be charge sheeted for absence

of duty as wages for the days were deducted

The Contention was rejected Deduction of wages was not a measure of penalty

In spite deduction petitioner can be charge sheeted for

absence or late attendance


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P. V.Pujari & Ors. Vs. Municipal

Corporation of Greater Bombay

1994

Four workmen were serving with the BEST Undertaking of the

Corporation - three of them as conductors and one Mr. P. V.

Pujari as a clerk assaultedanother bus conductor Shri B. K.

Nangre.

On the night of 12 November, 1983

Enquiry Officer found them guilty of commission of misconduct

under Standing Order 20(i) and 20(r).


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FACTORIES ACT 1948


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DEFINITION

An act to consolidate and amend the law regulating

labour in factories


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OBJECTIVES OF THE ACT

To secure safety of the persons

To secure health of the persons from hazardousoccupation/processes

To ensure protection from hazardous equipment

To ensure sound working environment

To ensure welfare of the persons

To protect the environment


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APPLICABILITY

At any place wherein manufacturing process is carried

The industries in which ten (10) or more than ten

workers are employed

Persons working therein are not employed by theowner directly


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SALIENT FEATURES OF

THE ACT Health

Safety

Provisions relating to hazardous processes

Welfare

Annual leave with Wages

Penalties & Procedures


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TERMINOLOGIES

Manufacturing process

Worker

Occupier


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HEALTH

Cleanliness

Disposal of water & effluents

Ventilation & temperature

Dust & fumes Artificial humidification

Overcrowding

Lighting Drinking Water

Latrines & urinals

Spittoons


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SAFETY

Fencing of machinery

Work on or near machinery in motion

Employment of young person on dangerous machines

Casing of new machinery Revolving machinery

Infrastructure

Excessive weights

Protection from physical harm & Dangerous materials

Power to Certain important information's

Maintenance of building

Safety offices


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Provisions relating to hazardous

processes

Constitution of Site Appraisal Committees

Compulsory disclosure of information by the occupier

Specific responsibility of the occupier in relation to

hazardous processes

Power of Central Government to appoint Inquiry

Committee

Emergency standards Workers' participation in safety management

Right of workers to warn about imminent danger


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Welfare

Washing facilitiesSec 42

Facilities for storing & drying clothingSec 43

Facilities for sittingSec 44

First-aid appliancesSec 45

CanteensSec 46

Shelters, rest rooms and lunch roomsSec 47

CrechesSec 48

Welfare officersSec 49


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Annual leave with Wages

A worker having worked for 240 days @ one day

for every 20 days and for a child one day for

working of 15 days.

Accumulation of leave for 30 days.


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Hours of work

Weekly Hours

Weekly holidays

Compensatory holidays

Daily hours

Intervals for rest

Spreadover

Night shifts.

Extra wages for overtime

Further restriction on employment of women


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Penalties and procedures

Liability of owner of premises in certain

circumstances

Enhanced penalty after previous conviction

Offences by workers


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Contd.

Penalty for permitting double employment of child

Section 103- Presumption as to employment


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Safety issues at Dr Reddy

Case 1-The mishap occurred due to a possible leak of

poisonous gas at the Active Pharmaceutical Ingredients

(APIs) plant of the Hyderabad-based company at

Bollaram on 22ndDecember 2010

Case 2-Two persons were charred to death in a fire at

DRLs Bollaram plant on 5th

June 2011


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Webliography

http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-

labs/768016/

http://www.thehindubusinessline.com/companies/case-slapped-on-dr-

reddys-over-fire-deaths-at-bollaram-unit/article2079159.ece

http://articles.timesofindia.indiatimes.com/2011-06-06/india-business/29624955_1_factories-act-casual-workers-safety-issue

http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-

labs/768016

http://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htm

http://dgfasli.nic.in/statutesa.htm
http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htmhttp://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htmhttp://dgfasli.nic.in/statutesa.htmhttp://dgfasli.nic.in/statutesa.htmhttp://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htmhttp://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htmhttp://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htmhttp://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016


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