Concept and Nature of Standing Orders
Concept of Standing Orders
What are Standing Orders?
Standing Orders are rules and regulations established by an employer in an industrial or organizational setting.
They govern the conditions of employment, including conduct, disciplinary procedures, duties, work hours, leave, grievance redressal, and termination.
These orders are binding on both employer and employees.
They help maintain discipline and order in the workplace by providing clear guidelines.
Standing Orders form a part of the contract of employment.
Why are Standing Orders Important?
They provide clarity and consistency on workplace rules.
They ensure that disciplinary action and grievances are handled fairly.
They protect the rights of both the employer and employees.
They help avoid disputes by pre-defining acceptable behavior and consequences of misconduct.
Nature of Standing Orders
Binding on Both Parties
Standing Orders create obligations on both the employer and the employee.
Employees must follow the rules; employers must apply them consistently.
Rules of General Application
They apply to all employees or to particular categories as specified.
They are not personalized but designed to cover common workplace situations.
Incorporated into Contract of Employment
Once accepted, standing orders become part of the terms and conditions of employment.
Disciplinary Focus
A primary purpose is to regulate conduct and discipline.
They often detail offenses and the procedure for inquiry and punishment.
Public Policy Element
Since they regulate employment relations and labor peace, they are subject to fairness and reasonableness.
Employers cannot impose arbitrary or unfair standing orders.
Relevant Case Law
Case: Workmen v. Bangalore Water Supply and Sewerage Board (1978)
Facts:
Employees challenged certain disciplinary provisions under the employer’s standing orders.
They claimed that some provisions were unfair and arbitrary.
Held:
The Supreme Court held that standing orders, being part of the contract of employment, must be fair, clear, and reasonable.
Standing orders that are unreasonable or unfair may not be binding.
The Court emphasized the need for standing orders to balance employer’s right to discipline and employee’s right to fair treatment.
Case: Bombay Dyeing & Mfg. Co. Ltd. v. Bombay Environmental Action Group (1996)
Though mainly about environment, the court discussed binding nature of standing orders in the context of employer-employee relations and emphasized their role in maintaining industrial peace.
Summary Table
| Feature | Explanation |
|---|---|
| Nature | Rules governing employment conditions |
| Binding Nature | Binding on employer and employees |
| Purpose | Maintain discipline and regulate conduct |
| Legal Status | Part of contract of employment |
| Scope | Apply generally to all or categories of employees |
| Fairness | Must be fair and reasonable |
| Case Example | Workmen v. Bangalore Water Supply and Sewerage Board |
In simple words:
Standing Orders are the workplace “rulebook” that tells employees and employers what is expected — how to behave, what happens if rules are broken, and how disputes are managed. These rules are binding but must be fair and just to all parties involved.
RELATED Blog
0 comments