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shrikant v. sathe (retired)     23 February 2011

Standing orders

Sir,

       I was an employee of Janata sahakari bank .The bank has its standing orders for staff.But the bank did not submit it to staff at the time of appointment.It had circulated it in 1994 to all the staff.The standing orders were prepared in 1959 but were given to us in 1994,having no certification on it.How i suppose that these are properly  made and registeredunder B,I. R Act.? What is the procedure to know  about its registration?I want to ask what is procedure after board of directors made standing orders for banks staff. it is necessory to enrol it in labour coom. is it necessory to take sanction from co-op department before enrolling?Where the original copy rests whether ..in labour comm. office .in co-op dept or in bank itself?

   Is this the correct way of janata bank to deliver  its standing orders to staff in 1994 without certification? What remedy we have to search whether they are autheticated or fabricated?The std. orders are 50 years old so govt. told we have no record of it. then what will be another solution about its genuinness?

with regards

s.v.sathe



Learning

 4 Replies

V. VASUDEVAN (LEGAL COUNSEL)     23 February 2011

If the Bank had indeed got the standing order cetified by the competent authorities of the Labour Department, it should be displayed in the notice board of the bank. A certified copy also should be produced on demand by the employee, by the bank. The Labour Department also should have it duly recorded in their Register.

 

However, the onus of producing the certified copy of the standing order, to the employees is on the Bank. If they claim that they have the certified standing order, they MUST produce the same, at least on demand.

Kirti Kar Tripathi (lawyer)     23 February 2011

 

Since Sehkari Bank is governed by State Cooperative Societies Act, thus the service conditions of employees will governed by rules framed under this Act or under the delegated powers under the Act or rules framed there under. The industrial Employment (Standing Orders) Act will not be applicable therefore any standing orders made under the provisions of the said act will have no applicability in view of the judgment of Apex Court in re  Ghaziabad Zila Sehkari Baank Ltd Versus Asstt. Labour Commissioner.

bhupendra (practitioner)     25 February 2011

i dont agree with Adv,Tripathi

 

the standing orders of  The industrial Employment (Standing Orders) Act

aplly

 

Kirti Kar Tripathi (lawyer)     25 February 2011

can yor give reasons


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