...BLL Teacher’s Presentation Presentation Notes Industrial & Commercial Employment (Standing Orders) Ordinance, 1968 & Factories Act 1934 (Mir Akbar Ali Khan, Faculty PAF-KIET) Applicability * Applies to every Industrial/Commercial Establishment, wherein 20 or more Workmen are employed, directly or through any other person whether on behalf of himself or any other person, or were so employed on any day during the preceding twelve months. * Also applies to such classes of the Industrial & Commercial Establishments as Government may, from time to time, by notification in the official Gazette, specify in this behalf. Non-Applicability * Provisions of Standing Orders Section 10 B (Compulsory Group Insurance), Section 11 (6) & (8) (Stoppage of Work) & Section 12 (Termination of Employment), & Section 15 (Punishment) shall not apply to any Industrial Establishment, wherein Not more than 49 persons were employed, on any day during the preceding 12 months. * Nothing in the Standing Orders shall apply to Industrial & Commercial Establishments, carried on under Federal or any Provincial Government, where Statutory Rules of Service, Conduct or Discipline applies to Workmen Employed. * Also not applicable to Welfare Organization/Charitable Service Workman – Defined * Only persons doing skilled or unskilled, manual or clerical work are covered by the Ordinance. * Those engaged in supervisory administrative or managerial capacity...
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...INDEX THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946 Rule 1,2 & 2A 758, 3 & 7 759, 7A & 8 760 SCHEDULE I. Model Standing Orders in respect of Industrial Establishment not being Industrial Establishments in coal mines for Industrial SCHEDULE IA Model Standing Orders Establishments in Coal Mines SCHEDULE IB SCHEDULE II FORM I FORM II FORM III FORM IV FORM IVA FORM V Model Standing Orders on additional items Format of letter with which draft Standing Orders are required to be submitted to the certifying officer Notice under section 5 of the Industrial Employment (Standing Orders) Act, 1946 Register of Standing Orders Memorandum of Appeal Notice of discontinuance/re-starting of a shift working to be given by an employer Service Card THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 19461 In exercise of the powers conferred by section 15, read with clause (b) of section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), the Central Government in pleased to make the following rules, the same having been previously published as required by sub-section (1) of the said section 15, namely:— 1. (1) These rules may be called the Industrial Employment (Standing Orders) Central Rules, 1946. 2 [(2) They extend to all Union territories, and shall also apply in any State (other than a Union territory) to industrial establishments under the control of the Central Government or a Railway administration or in a major port, mine or oil...
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...used to impose a coherent vision of the role of judicial review on the cases. Do you agree? Analyse the law relating to standing and access to the courts plus one of the following areas of law in order to demonstrate the extent to which the above quote...
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...employer was considered absolute throughout the period of probation and there was no relief for the probationers in the event of termination before the expiry of he period of probation. This traditional understanding prompted the employers to frame the Standing Orders and the individual contracts of employment in this regard. This customary view, however, no longer holds good. STATUS OF THE PROBATIONER Before the expiry of Probation The Supreme Court in the famous case of Express Newspapers Lid. v. Labour Court,2 held that without anything more an appointment on probation for six months gives the employer no right to terminate the services of an employee before six months had expired except on the ground of misconduct or other sufficient reasons in which case even the services of a permanent workman could be terminated. At the end of six-month period, the employer can either confirm him or terminate his services, because his service is found unsatisfactory. The Supreme Court held in Utkal Machinery Ltd. v. Santi Patnaik,2 that if the validity of such a premature termination of a probationer is challenged in industrial adjudication, it should be competent for the Industrial Tribunal to find out whether the order of termination is a bonafide exercise of power conferred by the...
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...:1: QUESTION PAPER BOOKLET CODE : A Question Paper Booklet No. 327 Roll No. : Time allowed : 3 hours Total number of questions : 100 Maximum marks : 100 Total number of printed pages : 20 Instructions : 1. 2. Candidates should use blue/black ballpoint pen ONLY to fill-in all the required information in OMR Answer Sheet and this Question Paper Booklet. Answer Sheet cannot be taken out from the Examination Hall by the examinees and the same is required to be properly handed over to the Invigilator/Supervisory staff on duty and acknowledgement be obtained for doing so on the Admit Card before leaving the Examination Hall. Candidates are required to correctly fill-in the Question Paper Booklet Code and the Question Paper Booklet No. (as mentioned on the top of this booklet) in the OMR Answer Sheet, as the same will be taken as final for result computation. Institute shall not undertake any responsibility for making correction(s) at later stage. This Question Paper Booklet contains 100 questions. All questions are compulsory and carry ONE mark each. There will be no negative marking for wrong answers. Seal of this Question Paper Booklet MUST NOT be opened before the specified time of examination. Immediately on opening of Question Paper Booklet, candidates should ensure that it contains 100 questions in total and none of its page is missing/misprinted. In case of any discrepancy, the booklet shall be replaced at once. 3. 4. 5. 6. 7. Each question is followed...
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...The Industrial Employment (Standing Order) Act 1946 There was no uniformity in the condition of service of workers until this act was brought into force. Absence of standing orders clearly defining the rights and obligations of the employees and workers in respect of terms of employment was found to be one of the most frequent causes of friction between employers and workers in many industrial establishments. (Rules of regulations = 50). There was a need or provision of effective safeguard against unjust and wrong dismissal is therefore as much as in the interest of the industry and the workers The labour investigation committee 1944, 1946 observed that an industrial workers has the right to know the terms and conditions under which he is employees and the rules of discipline he is expected to follow broadly speaking Indian Industry the rules of service are not definitely set out and like all unwritten laws, where they exit, they have been very elastic to suit the convenience of employees. The Indian labour conference in its annual sessions held in 1944-45 requested the Government to have a law on this subject accordingly the act came into force on 1st April 1947 The objective of the Act is to require of the employees in industrial establishments to define with sufficient precision the condition of employment under them and to make said conditions known to the workman employed by them. The act was enacted a) To bring about uniformity in the terms and conditions...
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...MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS NOT BEING INDUSTRIAL ESTABLISHMENTS IN COAL MINES 1. These orders shall come into force on............. 2. Classification of workmen.--(a) Workmen shall be classified as -- (1) permanent, (2) Probationers, (3) badlis, (4) temporary, (5) casual, (6) apprentices. (b) A “permanent workman” is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the establishment. (c) A “probationer” is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months’ service therein. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of three months, be reverted to his old permanent post. (d) A “badli” is a workman who is appointed in the post of a permanent workman or probationer who is temporarily absent. (e) A “temporary workman” is a workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period. (f) A “casual workman” is a workman whose employment is of a casual nature. (g) An “apprentice” is a learner who is paid an allowance...
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...: Diksha Juneja (141419) Smita Pillai (143107) Siddharth Chatterjee (153105) Batch: MBA-FT (2014-2016) Institute of Management, Nirma University Date of Submission: December 21, 2015 Introduction: This project is a review of various amendments in labour laws that have been done to make the labour laws more relevant with the needs of labour and society. The first Law is 1) Industrial Disputes Act (1947): (I)In the amendment to the Industrial Disputes Act, wherein the definition of a workman now includes a supervisor drawing a salary upto Rs. 10,000 p.m. and any person performing supervisory functions but being paid below Rs. 10,000 p.m. would be treated as workmen. In Maharashtra, where such workmen get protection of the MRTU & PULP Act, it means that termination of the supervisors can also become an industrial dispute and they would be workmen for all practical purposes. This is an important change, though many supervisors are paid in excess of Rs. 10,000/- this change is worthy of notice. i) The definition of ‘Appropriate Government’. ii) Has been amplified. (ii)While the definition of workmen remains the same, section 2(s) (IV) has been amended to exclude a person who is employed in a Supervisory capacity draws wages exceeding...
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...1. This Honourable Court has jurisdiction to preside over the matters set out in this statement of claim pursuant to section 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (“ADJR Act”) which lists out the grounds for judicial review. The Federal Circuit Court of Australia Act 1999 (Cth) (formerly the Federal Magistrates Act 1999 (Cth) and the Judiciary Act 1903 (Cth) also have jurisdiction to preside over the matters contained therein . 2. Section 5 of the ADJR Act provides the right of: - a. “A person who is aggrieved by a decision to which this Act applies that is made after the commencement of this Act may apply to the Federal Court or the Federal Circuit Court for an order of review in respect of the decision on any...
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...being whereby humans see the world as a homogenous supply of standing reserves that’s purpose is to be used up and consumed indefinitely (Steele). In the sway of gestell, Leach describes nihilism as the “omission” of aspects of the world “it regards as nothing, of no account” (94). As such, gestell and nihilism form an interdependent relationship, as upon developing aspects of society to function as bestand, much of the world deemed valueless falls into perpetual obscurity. In the highly technical world described in Mitchell’s An Orison of Sonmi-451, the fabricants, whose sole purpose is to serve the corporations...
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...The Standing Rock Sioux Reservation originally established as part of the Great Sioux Reservation. Article 2 of the Treaty of Fort Laramie of April 29, 1868 described the boundaries of the Great Sioux Reservation, as commencing on the 46th parallel of north latitude to the east bank of the Missouri River, south along the east bank of the Nebraska line, west to the 104th parallel of west longitude. However, The Great Sioux Reservation comprised all of present-day South Dakota west of the Missouri River, including the sacred Black Hills and the life-giving Missouri River. However, under article 11 of the 1868 Fort Laramie Treaty, the Great Sioux Nation retained off-reservation hunting rights to a much larger area, south of the Republican and...
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...Industrial Relations in India Introduction The relationship between the employers, employees, trade unions and the government is called Industrial Relations. India is an emerging economy and the large informal sector poses a big challenge. 94% of our work force is in the informal sector where implementation of labour laws is difficult. Harmonious relationship is necessary for both the employers and employees to safeguard the interests of both the parties of production and all the other stakeholders. Evolution of IR in India The first phase (1947 to 1966): It was a time of import-substitution industrialization and national capitalism. Large employment-intensive public enterprises were forming and largely centralized bargaining with static real wages. The public sector unionism was growing and industrial relation was majorly Government controlled and regulated. The second phase (1967 to 1980): The employment growth was slowing down and real wages were declining. The IR system faced a major crisis during this phase. There were massive strikes, industrial conflicts, multiple unionism and decline in strength. The government was losing control over the IR system. The third phase (1981 to 1991): This was a period of ‘jobless growth’. The ‘independent’ enterprise unionism was rising and several city/ regional IR systems were operating. The government was slowly withdrawing from IR system. The post-reform decade (1992-2007): About 15% of the workforce (approximately 1.1 million) lost...
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...understanding. During civil disobedience, one is purposely breaking the law, and one must also be willing to accept the consequences, such as arrest. To peacefully accept punishment is an act of respect for laws in general, while disobeying a specific, unjust law. The purpose is to have an unjust law repealed, not undermine laws altogether. Antagonizing authority works against the cause. One can’t randomly act as his own legislature. Peaceful resistance gets the attention of an audience and possibly convinces the government that a certain law needs to be...
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...or courageous act. There are many people around the world that have displayed courage in different ways. People such as Galileo and Helen Keller were courageous and brave in attempting and succeeding in changing the way people thought. Other iconic figures including Dr. Martin Luther King Jr. and Nelson Mandela displayed courage in their heroic acts by risking their lives to bring groups of people out of struggle. There is not just a specific category of courage; there are several intellectual ways that humans can display courage. In society, courage and bravery can be seen in the smallest of actions. It takes courage to do something minor such as speaking up for someone...
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...rule is that the bidder is making an offer to buy and the auctioneer accepts this in whatever manner is customary, usually the fall of the hammer. A bidder may withdraw his or her bid at any time before the fall of the hammer. The placing of goods in the auction is an invitation to treat. * Tenders – An advertisement for a tender is an invitation to treat. A tender for specific goods or services is an offer and when the person requesting the tender accepts, it is a biding acceptance. If the tender for a request is not specific but requests a price for the supply of goods over a period of time to be delivered as and when ordered then the tender is known as a standing offer and the initial acceptance of the tender is not a legally binding one. The legally biding acceptance is not made until the first order. The supplier is then obliged to honour the obligations under the contract and supply the goods under the terms of...
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