Certified standing order

anil mishra (Querist) 23 October 2011 This query is : Resolved
Dear Experts,
Please provide your opinion on following.
1-If a Private Limited company does not have certified standing order then where can employee lodge complain?
2- What is the punishment for not having certified standing order?
3- If co is not having standing order then on what ground they can take action in domestic inquiry.

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P.ESAKKIMUTHU (Expert) 25 October 2011
Industrial Employment (Standing Order) Act 1946 is applicable to a company if it is having more than 20 employees.
1.If a private company does not have standing order certified,a complaint can be made to the Certifying Officer having jurisdiction, under the SO Act.
2.the errant company can be prosecuted by the Certifying Officer before the competent court of law. The punishment is stated in the Act itself
3.If the company is not having certified SO, then model standing order will prevail over and disciplinary action will be as per Model SO as applicable depending upon whether the Company is under Central or State Govt.

anil mishra (Querist) 25 October 2011
Thanks for the expert advise. Any other comment is welcome from some other experts.

prabhakar singh (Expert) 26 October 2011
Expert P.ESAKKIMUTHU have rightly guided you.

Guest (Expert) 26 October 2011
I also endorse the views of Mr. Esakkimuthu.

anil mishra (Querist) 26 October 2011
Thanks to all the Experts for their opinion & guidance.

H. S. Thukral (Expert) 26 October 2011
Minimum number of employee for applicability of SO is 100 and not 20.

K.S.Srinivas (Expert) 28 October 2011
I agree with the views of Mr.P.ESAKKIMUTHU and Mr.Harbhajan Singh Thukral

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