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

Detailed Legal Analysis

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

According to the Act, every industrial establishment with a certain number of workers is required to define and certify its standing orders, which detail the terms of employment, including service conditions. Here are the key points regarding this requirement:

• Applicability: The Industrial Employment (Standing Orders) Act, 1946 applies to every industrial establishment employing 100 or more workmen. However, establishments with fewer workers may voluntarily adopt these provisions.
• Certification Requirement: The standing orders must be submitted to the appropriate authority for certification. The employer is obligated to adhere to these certified standing orders, which serve as a binding contract.
• Change in Service Conditions: Any change in service conditions necessitates a revision of the certified standing orders. Without this certification, the changes are considered unauthorized and invalid.
• Disciplinary Actions: If the employer implements changes without following the proper procedure, employees may challenge these changes legally, as they violate the rights guaranteed under the certified standing orders.
• Legal Recourse: Employees can file a complaint with the Labour Commissioner or can approach the appropriate Labour Court to seek redressal against the non-compliance of the standing orders.

Moreover, under Section 9A of the Industrial Disputes Act, 1947, an employer is required to provide a notice to the employees before making any changes in the conditions of service. This provision further supports the argument that the changes made without proper certification and notification are invalid.

In summary, your company’s changes to service conditions, carried out without certifying the standing orders, do not hold legal validity and can be contested by the affected employees under the relevant provisions of the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947.