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CS Professional · Labour Laws and Practice · Law of Industrial Relations

Sundaram Textiles Pvt Ltd, an industrial establishment to which the standing orders chapter of the Industrial Relations Code, 2020 has become applicable, has not yet got its own standing orders finally certified. Which of the following correctly describes the position in the interim?

The Central Government's model standing orders are deemed adopted in the establishment from the date the chapter applies until its own certified standing orders come into operation, so there is no gap period without standing orders.

  1. AThe Central Government's model standing orders are deemed to be adopted in the establishment until certified standing orders come into operationCorrect
  2. BNo standing orders apply and the employer may fix service conditions unilaterally
  3. CThe standing orders of the nearest similar establishment apply automatically
  4. DThe employer's draft standing orders apply from the date of filing the draft

Explanation

Section 29(2) provides that from the date the chapter becomes applicable until the finally certified standing orders come into operation, the model standing orders are deemed adopted. A draft filed by the employer has no operative force, and there is no borrowing from other establishments.

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