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

Detailed Legal Analysis

The change in service conditions by your company in Gorakhpur without certifying the standing orders is not valid under Indian labor law, particularly as per the Industrial Employment (Standing Orders) Act, 1946.

Under this Act, employers are required to define and certify the standing orders that govern the conditions of employment in an industrial establishment. Here's a breakdown of the relevant points:

• Certification Requirement: According to Section 3 of the Industrial Employment (Standing Orders) Act, 1946, every industrial establishment with 100 or more workmen is required to adopt and certify standing orders. These orders outline the conditions of employment, including work hours, wages, leave, and termination procedures.
• Changes to Service Conditions: As per Section 9 of the Act, once the standing orders are certified, no changes can be made to these conditions without following the proper procedures, which include notifying the employees and obtaining approval from the certifying officer.
• Employee Rights: If the employer unilaterally changes the service conditions without following the appropriate procedure, it constitutes a violation of the employees' rights as outlined in the standing orders. Employees may raise grievances or disputes under Section 2-A of the Industrial Disputes Act, 1947, if they feel their rights have been infringed upon.
• Legal Recourse: Employees have the right to approach the Labour Court or Industrial Tribunal under the Industrial Disputes Act, 1947, if they believe that the changes made are unjust or illegal. They can file a complaint regarding unfair labor practices under Section 25T of the Act.

In conclusion, your company’s actions are not legally permissible without the certification of the standing orders. If you believe your rights are being compromised, it is advisable to seek legal counsel or contact the local labor office in Gorakhpur for further assistance and to explore your options for redressal.