Upgrad LLM

standing orders applicabilty


     We some 26 officers from reputed co-op. bank iwere given retirement at the age 55.The bank had made a resolution in 1979  which superceded the standing order which states that every employee will retire at the age of 55 and 1year extension will be granted for 3 times at the mercy of the bank but the resolution says that officer;s retirement will be 58.This resolution was made in 1979 and from 1979 to 2003 every officer was retiring at the age of 58. We are also in the orbit of  1979 resolution means we were officers before 2003.Bank had made another resolution in 2003 to bring down officers age at 55. We all officer although came in purview of 1979 reslution had been retired by the bank at the age of 55.We have gone in high court and the bank is stating that it has acted as per standing orders. While givng memo to officer bank has specifically stated in  that, standing orders do not apply to officer cadre.and while giving say in court it has kept finger on standing orders in which it is stated that every employee will retire at the age of 55. Bank is playing double game. My query is whether standing orders apply to officer cadre? if yes why? if not why? and why bank is giving dual answer regarding standing orders application.

 
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self working

evein i also want to known becasue standing orders i have seen it is appicalbe in industrial areas only this is the first case i am hearing.

 

 
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self working

evein i also want to known becasue standing orders i have seen it is appicalbe in industrial areas only this is the first case i am hearing.

 
Reply   
 
self working

evein i also want to known becasue standing orders i have seen it is appicalbe in industrial areas only this is the first case i am hearing.

 
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Advocate

Standing orders are regulated by the law of Industrial Employment (Standing Orders) Act, 1946.  These standing orders are meant for "workmen" as defined under Industrial Disputes Act, 1947.  The workman does not include in its definition employees working in managerial or administrative capacity or who, being employed in supervisory capacity, draws wages exceeding ten thousand rupees per month. 

 

However there is no bar for any employer to prepare standing orders for their employees other than workmen which in its ambit include service regulations, conduct rules, DA regulations, Matters relating to termination of employment etc. though there is no statutory obligation under Industrial Employment (Standing orders) Act, 1946.

 

Every organization/company/bank can have its own set of service regulations depending on its convenience, courts normally do not interfere in these rules unless these service regulations, rules etc are against any existing provisions of legislations or against principles of natural justice.

 
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Law Officer

Every organization can make their draft standing orders and they have to be certified by Certifying Officer who normally happens to be Asst Commissioner of Labour (State) or Inspector of Labour. Without certification by the authorities concerned , the draft standing orders will not have sanctity in the eye of law.

 
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Law Officer

Every firm/company can have their own model standing orders for governing the day to day conduct of their employees. However, the draft model standing orders have to be certified by the Certifying Officer of the region/area concerned.

 
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associate consultant

Dear Sir

 

The Industrial employment standing orders act apply to industrial establishments, in the first instance, (defined as industrial establishment as defined in payment of wages act, ) however by virtue of section 38-B of Bombay shops and commerical establishments act, it applies mutatis mutandis to all shops and commerical establishments. However managers or officers are not included therein.

 
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