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Section 31: Appeals against certification

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 30 All 104 Sections of Industrial Relations Code, 2020 Section 32

Legal Commentary & Landmark Judgments: Section 31

Section 31 of the Industrial Relations Code, 2020 governs the adjudicatory certification process by the Certifying Officer, mandating an objective evaluation of the fairness and reasonableness of proposed standing orders, a 21-day objection period for workers, and a strict 60-day certification timeline with deemed certification.

  • Adjudication of Fairness and Reasonableness: Section 31(1) and (4) statutorily mandate that the Certifying Officer shall adjudicate upon the fairness or reasonableness of the provisions of draft standing orders, functioning as a quasi-judicial authority rather than a rubber-stamping administrative officer.
  • 21-Day Objection Notice to Unions and Workers: Under Section 31(2), the Certifying Officer must forward a copy of the draft standing orders to the negotiating union, registered Trade Unions, or worker representatives, giving them not less than twenty-one days to submit written objections.
  • Strict 60-Day Certification Window & Deemed Certification: Section 31(3) requires the Certifying Officer to certify the draft standing orders with or without modifications within sixty days from receipt; if the Certifying Officer fails to certify or dispose of the draft within sixty days, the draft standing orders are statutorily deemed to have been certified as submitted.
Key Landmark Precedents:
  • Rohtak & Hissar District Electric Supply Co. Ltd. v. State of U.P. AIR 1966 SC 1471: The Supreme Court held that the Certifying Officer possesses statutory jurisdiction and a positive duty to examine the fairness and reasonableness of draft clauses, rejecting one-sided management stipulations that oppress workers or violate natural justice.
  • Associated Cement Companies Ltd. v. P.D. Vyas AIR 1960 SC 665: The Supreme Court affirmed that Certifying Officers cannot insert provisions concerning matters outside the First Schedule, but must ensure that clauses within the Schedule are equitable and compliant with constitutional values.
  • Indian Express Newspapers (Bombay) Pvt. Ltd. v. Employees Union (1998) 2 SCC 192: The Supreme Court held that certification under the statute transforms private draft rules into statutory terms of employment, creating binding obligations enforceable in labor adjudication.
Courtroom Practice & Strategic Litigation Guidance:

During certification hearings, employers must justify any departure from the Model Standing Orders by placing empirical evidence on record, such as continuous manufacturing requirements, safety hazards, or industry-wide collective practice. Unions filing objections must specifically challenge unreasonable clauses (e.g., disproportionate suspension allowances or vague misconduct definitions) within the 21-day notice period. Track the 60-day clock closely; if no order is passed, draft orders attain deemed certification under Section 31(3).

Section 30 All 104 Sections of Industrial Relations Code, 2020 Section 32