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

Detailed Legal Analysis

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

According to the provisions of this Act, every employer in an industrial establishment is required to define and certify the standing orders regarding the conditions of employment. Here's a detailed breakdown of the relevant points:

• Applicability: The Industrial Employment (Standing Orders) Act, 1946 applies to all industrial establishments with 100 or more workmen. However, even establishments with fewer workmen may choose to adopt standing orders.
• Certification Requirement: Section 3 of the Act mandates that every employer must submit their standing orders to the appropriate authority for certification. The standing orders must clearly outline the service conditions affecting the employees.
• Changes to Service Conditions: Any change in the service conditions without certified standing orders is considered invalid. The standing orders need to be certified to protect both employers and employees and ensure stability in employment conditions.
• Procedure for Certification:
  • Employers must draft standing orders, ensuring they conform to the model standing orders prescribed by the Act.
  • Submit these orders to the certifying officer for approval.
  • Once certified, any modifications to these orders must also go through the same certification process.
• Dispute Resolution: In case of disputes regarding the standing orders or changes made, employees can approach the Labour Commissioner or the appropriate labor court as per the Industrial Disputes Act, 1947.
• Consequences of Non-Compliance: If an employer changes service conditions unilaterally without following the required procedure, they may face legal challenges, including claims for unfair labor practices.

In summary, your employer's actions to change service conditions without certifying the standing orders are not valid under the Industrial Employment (Standing Orders) Act, 1946. It is advisable to discuss the matter with a legal professional or a labor union representative to explore possible actions against the employer.