Section 5 of IESO Act, 1946 : Section 5: Certification Of Standing Orders

Explanation using Example

Imagine a manufacturing company, "ABC Manufacturing Ltd.", has drafted new standing orders that dictate various employment conditions like work hours, leaves, and grievance procedures. Before these orders can become binding, they must be certified by a Certifying Officer under the Industrial Employment (Standing Orders) Act, 1946.

Upon receiving the draft from ABC Manufacturing Ltd., the Certifying Officer sends a copy to the company's workers' trade union, requesting any objections or suggestions to be submitted within fifteen days. This is in accordance with Section 5(1) of the Act.

After the fifteen-day period, the Certifying Officer holds a hearing where both the employer and the trade union representatives have the opportunity to present their views. This is the practical application of Section 5(2).

Finally, the Certifying Officer decides on necessary modifications and certifies the standing orders. Copies of the certified standing orders are then sent to both ABC Manufacturing Ltd. and the trade union, as stated in Section 5(3).

If the company were located in Karnataka, the process would begin with a draft submitted under "sub-section (5) of section 3", due to a state amendment to Section 5(1).

In Maharashtra, if the company were amending existing standing orders rather than creating new ones, the process would involve the submission and certification of "draft amendments" instead of "draft standing orders", reflecting the state's amendment to Section 5.