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Sarjooram Sharma (Assistant Labour commissioner)     20 January 2010

Standing Orders

Standing Orders

 
Trasnfers:
Section 2(e), 2(g), 3, 4, 10, 12, 13 and 14, Secheme of the Act- As per Section 3 every employer of an industrial establishment as defined in section 2(e) is under obligation to submit the certifying officer the Draft Standing orders proposed to be adopted by him in his industrial establishment. Section 3(2) clearly provide that the Standing Orders are required to cover every matter set out in the schedule. Section 4 of the Act casts duty upon Certifying Officer to ensure that the proposed standing orders meet the requirement of law significantly section 3(2) grant enough freedom to every employer to depart from the model standing orders in the interest of exigencies of employment. In fact of instant case the petitioner has been transferred from Hyuderabad to Chennai. Held the order of transfer is not only in confority with the Standing orders but also according the contract of employment which clearly provided that the employee could be transferred to any of the establishments unit, and the validity of such provisions can not be questioned in petition under Article 226 of the Constitution of India, more so when the matter contains a private contract of employments. Leading Apex Court case referred . Writ petition dismissed. Tansferrability of an employee from one post to another, from one department to another or from one unit to another does not normally amount to violation of conditions of service. Transferrability of an employee is purely incidental to his employment itself. (FLR-2009-123-A.P.H.C.-880)
 


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 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     21 January 2010

 Dear Mr. Sharma, Thanks a lot for your expert views on this crucial topic. I need a clarification, where an industry adapts the Model Standing Order without any change, should it need be certificate by the concerned authority. Or a mere communication informing them that the industry is adapting the Model Standing Order would suffice. OR does it comes into application on the particular date when the conditions for applicability are satisfied, without any further act or deed by the industry concerned.

Thanking you in anticipation of your valuable clarification.

vasudevan

1 Like

Sarjooram Sharma (Assistant Labour commissioner)     21 January 2010

Yes, It will be change of service conditions along with the transfer.

1 Like

Sarjooram Sharma (Assistant Labour commissioner)     22 January 2010

The employer has to get his standing order certified notwithstanding that he has adpoted model standing order.


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