Test: Strike and Lock-Out - 2 - CLAT PG MCQ

Certified standing orders come into effect either 30 days after authenticated copies are sent to the parties involved or 7 days after an appellate authority's order if an appeal has been made. This timeline allows for proper notification and ensures that all parties are aware of the new rules governing their employment conditions.

Employers intending to close an undertaking with more than 50 workers must provide at least 60 days' notice to the appropriate government. This requirement helps ensure that workers have adequate time to prepare for potential job loss and seek alternative employment opportunities.

Certain industries under the Bombay Industrial Relations Act, 1946, are exempt from the provisions of the Industrial Employment (Standing Orders) Act, 1946. This means that while the Act primarily covers large industrial establishments, it does not apply to specific categories of organizations defined by other legislation, which may have their own frameworks for managing employment relations.

Employers are required to submit the draft standing orders within six months of the Act becoming applicable to their establishment. This timeline is crucial for ensuring that the standards of employment are established promptly and that workers are informed about their rights and responsibilities as soon as possible.

During the pendency of industrial dispute proceedings, employers are prohibited from altering the conditions of service to the detriment of the concerned workmen. This requirement protects workers from retaliatory actions while disputes are being resolved.

An employer who contravenes an order denying permission to close an undertaking can face imprisonment for up to one year or a fine of up to five thousand rupees, or both. If the contravention continues after conviction, the employer may incur an additional fine of up to two thousand rupees for each day the violation persists, emphasizing the strict enforcement of compliance with closure regulations.

'Closure' is defined as the permanent shutting down of a workplace or a part of it, as specified in Section 2(cc) of the Industrial Disputes Act. This definition clarifies previous ambiguities about what constituted closure versus retrenchment, ensuring that the rights of workers are maintained even in partial shutdown scenarios.

Section 33C allows workers to apply for the recovery of money owed to them under settlements or awards. If the government confirms that money is due, it can issue a certificate for recovery, ensuring that workers receive their rightful payments and benefits.

A closure is deemed illegal if no application is made for permission or if the permission is refused. In such cases, workers are entitled to benefits as if the undertaking were still operational, highlighting the importance of following legal procedures.

Under Chapter V-B, an employer must apply for prior permission to close an undertaking at least 90 days before the intended closure. This application must clearly state the reasons for closure and must be served on the workers' representatives, ensuring transparency and the opportunity for dialogue.

Employers who fail to submit draft standing orders or violate certified standing orders may face penalties as specified in the Act. This enforcement mechanism is designed to ensure compliance with the regulations and to maintain a structured and fair working environment for all employees.

The draft standing orders must include provisions for every applicable matter as outlined in the Schedule of the Act. This requirement ensures that all essential aspects of employment, such as work hours, wages, and conduct, are clearly defined and communicated, which helps prevent misunderstandings and conflicts in the workplace.

If an employer violates the provisions of Section 33 during ongoing proceedings, any affected employee can file a written complaint. This complaint will be treated as a dispute, and the authority will adjudicate it, ensuring that the rights of the workers are upheld during disputes.

The Industrial Employment (Standing Orders) Act applies to every industrial establishment that employs 100 or more workmen. This threshold ensures that the Act addresses the needs of larger workplaces, where the potential for disputes and grievances is often greater. However, the Act's provisions can be extended to smaller establishments at the discretion of the appropriate government.

It is advisable to stay a domestic enquiry if the incident leading to a charge against a workman is also being tried in a criminal court. This approach helps avoid conflicting outcomes between the domestic enquiry and the criminal proceedings, ensuring that the employee's rights are protected and that the processes do not interfere with one another.

The enquiry officer’s role is crucial in ensuring fairness during domestic enquiries related to misconduct. The officer must conduct the enquiry impartially and follow principles of natural justice. If the officer has witnessed the alleged misconduct, it is advisable to appoint another officer to avoid any bias. This impartiality is essential for upholding the integrity of the enquiry process.

Workers with continuous service of at least one year are entitled to notice and compensation equivalent to what they would receive if they were retrenched, ensuring that their rights are protected even during closures. This provision helps mitigate the financial impact of job loss.

No notice is required if the change in conditions of service is implemented in accordance with a settlement or award. This provision allows for flexibility in responding to negotiated agreements while protecting worker rights during changes.

Section 25 FF specifically deals with the transfer of ownership or management of an undertaking and outlines the compensation entitlements for workmen affected by such transfers. It ensures that workers retain their rights and receive appropriate compensation, similar to retrenchment scenarios.

The Certifying Officer's role is to certify the draft standing orders submitted by employers. This process involves reviewing the proposed standing orders to ensure they comply with the legal requirements and the matters outlined in the Schedule. The Certifying Officer may also modify the draft to meet certification standards, thereby ensuring that the standing orders are fair and appropriate for the establishment.

Certified standing orders can only be modified after a period of six months from the date they came into effect, unless there is an agreement between the employer and the workmen or their representatives. This rule helps maintain stability in employment conditions while still allowing for necessary adjustments through mutual consent.

The primary purpose of the Industrial Employment (Standing Orders) Act, 1946, is to ensure clarity and transparency in employment conditions. By requiring employers to define and publicly communicate the terms of service, the Act aims to eliminate confusion and disputes between workers and management regarding their employment. This clarity helps both parties understand their rights and obligations, promoting a better working environment.

Employers who close an undertaking without adhering to the prescribed rules can face imprisonment for up to six months, a fine of up to five thousand rupees, or both. This strict penalty underscores the seriousness of the legal requirements surrounding closures and the protection of workers' rights.

Once certified, standing orders bind all current and future employees, ensuring uniformity in employment conditions. This binding nature is important as it guarantees that all employees are subject to the same rules and regulations, promoting fairness and consistency within the industrial establishment.

The term 'workman' is defined as any person employed in an industry to perform skilled or unskilled work for hire or reward, regardless of their employment terms. This definition includes a wide range of workers, such as apprentices and those dismissed in connection with an industrial dispute, while excluding individuals in managerial roles and military service. This broad definition helps protect the rights of various types of workers in industrial settings.