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Section 29: Preparation of draft standing orders

The Industrial Relations Code, 2020 (Act No. 35 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter IV: Standing Orders
Competent Labour Forum
Act No. 35 of 2020
Section 28 All 104 Sections of Industrial Relations Code, 2020 Section 30

Legal Commentary & Landmark Judgments: Section 29

Section 29 of the Industrial Relations Code, 2020 directs the Central Government to make Model Standing Orders for matters specified in the First Schedule, establishing a uniform, binding national baseline governing worker classification, working conditions, misconduct, and disciplinary procedures.

  • Central Government Rule-Making Exclusive Mandate: Section 29(1) vests plenary authority in the Central Government to make Model Standing Orders relating to all matters set out in the First Schedule, establishing a harmonized national benchmark across both Central and State spheres.
  • Comprehensive Coverage of First Schedule Matters: Mandates standardized rules covering: worker classification (permanent, temporary, apprentices, probationers, badlis, fixed term employment); manner of intimating shift working, hours, pay days, and wage rates; attendance and late coming; leave and holidays; gate search and entry regulations; temporary stoppage of work; termination of employment; misconduct definitions, suspension, and domestic inquiry procedures.
  • Interim Statutory Application by Operation of Law: Until draft standing orders prepared by the employer are certified by the Certifying Officer under Section 31, the Model Standing Orders framed by the Central Government apply by operation of law to every establishment covered under Section 28.
Key Landmark Precedents:
  • Associated Cement Companies Ltd. v. P.D. Vyas AIR 1960 SC 665: The Supreme Court held that Model Standing Orders serve as the standard model and departure is permissible only when demonstrated to be fair, reasonable, and suited to the practical realities of the particular industrial undertaking.
  • Rohtak & Hissar District Electric Supply Co. Ltd. v. State of U.P. AIR 1966 SC 1471: The Supreme Court held that all matters enumerated in the statutory Schedule must be comprehensively incorporated into the standing orders; neither the employer nor the certifying officer can omit scheduled items.
  • Glaxo Laboratories (I) Ltd. v. Presiding Officer, Labour Court (1984) 1 SCC 1: The Supreme Court ruled that misconduct must be clearly and specifically defined in the applicable standing orders; an act not cataloged as misconduct cannot sustain a disciplinary dismissal.
Courtroom Practice & Strategic Litigation Guidance:

Corporate legal teams drafting standing orders must adopt the Central Model Standing Orders as their baseline blueprint. Any proposed modification or company-specific clause (such as IT security, data confidentiality, or remote work protocols) must be framed as an elaboration of First Schedule matters rather than an independent restrictive covenant, ensuring smooth approval by the Certifying Officer.

Section 28 All 104 Sections of Industrial Relations Code, 2020 Section 30