1. Did
the Government of A.P. apply the provisions of the Industrial Employment
(Standing Orders) Act, 1946 to industrial establishments employing 50 or more
workers ?
Ans. Yes.
Vide G.O..Ms.No.33 dt.5.7.1999 of LET&F (Lab.II) Dept., the Government
applied the provisions of this Act to any industrial establishment employing 50
or more workers.
2. Do
certified standing orders have statutory force ?
Ans. Yes.
Certified standing orders have statutory force - 1995 (1) LLJ 887.
3.Who
is certifying officer ?
Ans.
Labour Commissioner and the officers appointed by the Government by
notification in the Official Gazette. Joint Commissioners of Labour are
appointed as Certifying Officers vide G.o.Ms.No.46 dt.20.6.2008.
4. Who
is the Appellate Authority ?
Ans. Additional Commissioner of Labour is
appointed as the Appellate Authority vide G.o. Ms.No.46 dt.20.6.2008.
5. What
are the conditions for certification of standing orders ?
Ans.
Standing Orders shall be certifiable if –
a)
Provision is made therein for every matter set out in the Schedule which is
applicable to the industrial establishment, and
b) the
standing orders are otherwise in conformity with the provisions of this Act.
6. Can
the Certified Standing Orders be modified ?
Ans. Yes.
Section 10 of the Act provides for modification of standing orders on
application by an employer or workman or a trade union of the workmen.
7. Does
the Act provide for payment of subsistence allowance ?
Ans. Yes.
Section 10-A deals with payment of subsistence allowance. The employer shall
pay subsistence allowance at the rate of 50% of the wages for the first ninety
days of suspension and at the rate of 75% of wages for the remaining period of
suspension if the delay in the completion of disciplinary proceedings is not
directly attributable to the conduct of the workman.
8. Who
is competent to decide the question as to the application or interpretation of
the Certified Standing Order ?
Ans. The
Labour Court.
9. Is
sexual harassment of any woman at her workplace a misconduct under model
standing orders ?
Ans. Yes.
