My company in Dibrugarh changed service conditions without certifying the standing orders, is this valid?

Detailed Legal Analysis

No, the changes to service conditions made by your company in Dibrugarh without certifying the standing orders are not valid under Indian labour law.

According to the Industrial Employment (Standing Orders) Act, 1946, every industrial establishment with 100 or more workmen is required to formulate standing orders that govern the conditions of employment. These standing orders must be certified by the appropriate authority, and any changes to service conditions must comply with the provisions laid out in this Act.

Here are the key points regarding the certification of standing orders and the validity of changes made to service conditions:

• Applicability of the Act: The Industrial Employment (Standing Orders) Act, 1946 applies to industrial establishments with 100 or more workmen. If your company meets this threshold, it is bound by the provisions of the Act.
• Preparation of Standing Orders: Employers are required to draft standing orders that outline various service conditions, including wages, working hours, leave, and termination procedures. These must be in line with the model standing orders prescribed by the Act.
• Certification Process: Once the standing orders are drafted, they must be submitted to the appropriate certifying authority for approval. This ensures that the standing orders are legally compliant and protect the rights of workers.
• Changes to Service Conditions: Any alterations to the existing service conditions must be made in accordance with the certified standing orders. If the standing orders have not been certified, any changes made by the employer would be considered invalid.
• Employee Rights: Employees have the right to challenge any changes made without proper certification. They can file a complaint before the appropriate labour authority, seeking enforcement of their rights as per the standing orders.
• Legal Recourse: If an employer fails to comply with the provisions of the Industrial Employment (Standing Orders) Act, employees may approach the Labour Court under Section 78 of the Act for redressal.

In summary, any changes to service conditions made by your employer without the certification of standing orders are not legally valid, and you have the right to seek redress for this violation.