OBJECT AND SCOPE OF The Industrial Employment (Standing Orders) Act, 1946 :
The objects of the Act are: Firstly, to enforce uniformity in the conditions of services under different employers in different industrial establishments. Secondly, the employer, once having made the conditions of employment known to his employed workmen cannot change them to their detriment or to the prejudice of their rights and interests. Thirdly, with the express or written conditions of employment, it is open for the prospective worker to accept them and join the industrial establishment. Fourthly, for maintaining industrial peace and continued productivity, the significance of the express written conditions of employment cannot be minimised or exaggerated.
The object of the Act is to have uniform standing orders in respect of matters enumerated in the Schedule to the Act, applicable to all workers irrespective of their time of appointment (Barauni Refinery Pragati Sheel Parishad v. Indian Oil Corporation Ltd. (1991) 1 SCC 4).
The Act extends to the whole of India and applies to every industrial establishment wherein 100 or more workmen are employed or were employed on any day during the preceding twelve months. Further, the appropriate Government may, after giving not less than 2 months notice of its intention to do so, by notification in the Official Gazette, extend the provisions of this Act to any industrial establishment employing such number of persons less than 100 as may be specified in the notification.
However, the Act does not apply to (1) any industry to which provisions of Chapter VII of the Bombay Industrial Relations Act, 1946, apply; or (2) any industrial establishment to which provisions of Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 apply. Notwithstanding anything contained in the said Act, the provisions of this Act shall apply to all industrial establishments under the control of the Central Government.
Certified standing orders become part of the statutory and not contractual terms and conditions of service and are binding on both the employer and the employees (Derby Textiles Ltd. v. Karamchari and Shramik Union (1991) 2 LLN 774).
Apart from the above stated provisions of Section 1 of the Act limiting the scope, extent and application of theAct, the following Sections further limit its application: