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

Detailed Legal Analysis

The alteration of service conditions by a company in Durgapur without certifying the standing orders is not valid under Indian labour law.

According to the Industrial Employment (Standing Orders) Act, 1946, employers are mandated to define and formalize the terms of employment and service conditions through standing orders. Here are the key points regarding this requirement:

• Applicability: The Act is applicable to industrial establishments with 100 or more workmen. It is designed to regulate the conditions of employment.
• Certification Requirement: Employers must prepare draft standing orders on various aspects of employment, including the conditions of service, and submit them for certification to the appropriate authority (usually the Labour Commissioner).
• Approval Process: The standing orders must be certified within six months from the date of submission. Until they are certified, any changes to service conditions made by the employer are deemed invalid.
• Changes to Service Conditions: Employers cannot unilaterally change any service conditions that are covered under the standing orders. Any modifications must follow the process outlined in the certified standing orders.
• Rights of Employees: Employees have the right to challenge any unapproved changes in service conditions. They can file a complaint with the Labour Commissioner or approach the Labour Court for redressal.

In addition, if the changes in service conditions are detrimental to the employees, they may also be considered a violation of Section 9A of the Industrial Disputes Act, 1947. This section prohibits employers from making changes to the conditions of service without prior notice and consent of the employees or without following due process.

Therefore, if your company has modified service conditions without having certified standing orders, such changes are not enforceable, and you may have grounds to contest these changes legally. It is advisable to consult with a labour law expert or lawyer to explore your options for challenging these modifications.