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Section 6 of The Industrial Employment (Standing Orders) Act, 1946

(1)

18[Any employer, workmen, trade union or other prescribed representatives of the workmen] aggrieved by the order of the Certifying Officer under sub-section (2) of Section 5 may, within

[thirty days] from the date on which copies are sent under sub-section (3) of that section, appeal to the appellate authority, and the appellate authority, whose decision shall be final, shall by order in writing confirm the standing orders either in the form certified by the Certifying Officer or after amending the said standing orders by making such modifications thereof or additions there to as it thinks necessary to render the standing orders certifiable under this Act.

(2)The appellate authority shall, within seven days of its order under sub-section (1) send copies thereof to the Certifying Officer, to the employer and to the trade union or other prescribed representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the Certifying Officer, by copies of the standing orders a certified by it and authenticated in the prescribed manner.

Summary

This section gives employers and workers the right to appeal the decisions made by the Certifying Officer regarding their workplace rules.
Appeals must be filed with the appellate authority within thirty days from the date the certified copies were sent out.
The appellate authority can either confirm the standing orders as they are or make changes to them.
The decision of the appellate authority is final and cannot be challenged further under this process.
The appellate authority must send copies of its final decision to the employer, the workers' representatives, and the Certifying Officer within seven days.

Practical examples

1Anjali's trade union receives the certified rules for their factory on March 1. Feeling that a rule about sick leave is unfair, the union files an appeal to the appellate authority on March 25, well within the thirty-day limit.

2Factory owner Rohan gets an order from the appellate authority on June 10 modifying his company's working hours. Because the appellate authority's word is final, Rohan cannot appeal this specific decision to another labour board to try and change it back.

FAQ

1. Who can file an appeal under Section 6 of The Industrial Employment (Standing Orders) Act, 1946?

Under Section 6 of the Act, an employer, workmen, a trade union, or other prescribed representatives of the workmen can file an appeal.

2. What is the time limit to appeal a Certifying Officer's decision under Section 6 of the 1946 workplace rules law?

Section 6 of the 1946 workplace rules law states that you have thirty days to appeal, counting from the date the copies of the certified standing orders are sent out.

3. Can I appeal the decision made by the appellate authority under Section 6 of the Industrial Employment Act?

No, Section 6 of the Industrial Employment (Standing Orders) Act makes it clear that the decision of the appellate authority is final.

Test yourself

Q1.Under Section 6 of The Industrial Employment (Standing Orders) Act, 1946, what action can the appellate authority take regarding the standing orders?

Q2.According to Section 6 of the 1946 workplace rules legislation, how quickly must the appellate authority send out copies of its final order?

Q3.Under Section 6 of The Industrial Employment (Standing Orders) Act, 1946, when the appellate authority amends the standing orders, who does NOT automatically receive a copy of the new rules from them?

Q4.If an employer is unhappy with a modification made by the Certifying Officer under the 1946 Act, what is the deadline to appeal under Section 6?

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