Applicability of certified standing orders

jagadish paranjape (Querist) 24 October 2016 This query is : Resolved
Establishment A had certified standing orders.The establishment was transferred to other employer twice under Sec. 25FF of the I.D.Act
Was it necessary for new employers to get standing orders certified again or they continue to apply to new employers.
Regards.

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Guest (Expert) 24 October 2016
The purpose and ground of change of employer requires to be elaborated?

Kumar Doab (Expert) 24 October 2016
Was consent of the workmen noticed and taken!

Were the conditions after transfer less favorable!

jagadish paranjape (Querist) 24 October 2016
The new employer came in existance due to transfer of undertaking due to sale.The employees were retained with earlier service conditions maintained.The point is that when new establishment comes in to existence,the identity of old establishment comes to an end.whether the model standing orders become applicable and the new employer has to present amendments to the certifying officer for certification.

Guest (Expert) 24 October 2016
Dear Shri Jagadish Paranjape,

Conditions may be the same, but the entity of employer, as a new company has changed under company laws. The model standing orders on the similar lines in the name and style of the new company/ entity with due consent of the unions will have to be get certified afresh making due reference to the previous employer's terms & conditions & agreement with the employees so transferred to new entity.

Kumar Doab (Expert) 25 October 2016
Standing orders are certified on basis and essence of Model Standing Orders.

The employees were retained (per agreement ) with earlier service conditions maintained.

The previous certified standing orders may be taken as reference standard.

The employee's/employer can present same/earlier certified standing orders.

Amendment(s) if any should be with due discussion and consent with employee's unions, as in line with due procedure.

Kumar Doab (Expert) 25 October 2016
Dear Mr. Jagadish Paranjape,

Sir,

The Apex Court has delivered path breaking judgments.

Referring to; Sec. 25FF of the I.D.Act; The Apex Court Strikes New Ground in Industrial Jurisprudence.

You may like to go thru it.

I have sent the link to Apex Court verdict and and link to commentary, to you by PM.

Rajendra K Goyal (Expert) 25 October 2016
Can send PM to expert kumar Doab.

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