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Sivakumar Babu OVM   19 July 2021

Standing orders - tamilnadu

Transfer of employees both inter department as well as inter branch can be certified in standing order as it is not found in the schedule of the Act.?


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 1 Replies

Kevin Moses Paul   02 August 2021

As per your query, I would like to tell you that the Industrial Employment (Standing orders) Act, was introduced for the employers in industrial establishments to ensure the employment conditions under the establishments. Standing Orders states the laws which govern the relationship between the employer and a workman in an industrial establishment with includes the elements such as classification of workers, working hours, attendance, suspension, termination etc.
The objective of the Industrial Employment (Standing Orders) Act, are as follows:

⭕To provide regular standing orders for workers, factories, and working relationship.
⭕To ensure that the employee recognises the terms and conditions of the employees and thus to minimise exploitation of the workers.
⭕To promote industrial peace and harmony by supporting fair industrial practices.

In the matter of "Susmriti Das And Ors. vs Basumati Corpn. Ltd." on 1 January, 1800 the court held that Model Standing Order provides inter alia for "Transfer". The term 'Transfer' refers to situation in which a workman may be transferred according to exigencies of work from one shop or department to another or from one station to another or from one establishment to another under the same employer." In addition to this, on a comparison of the Bengal Standing Order with the Central Model Standing Orders, the court found that the former does not cover the whole of the permitted field in Bengal Rule 2A (ii) it does not cover inter-mill or inter-factory transfers but permits inter-sectional or inter-departmental transfers only.

However, the simple answer to your query is 'Yes', standing orders do consist of transfer information.

Hope It Helps!

Regards
Kevin M. Paul

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