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Section 32: Date of operation of 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 31 All 104 Sections of Industrial Relations Code, 2020 Section 33

Legal Commentary & Landmark Judgments: Section 32

Section 32 of the Industrial Relations Code, 2020 provides a comprehensive statutory appellate remedy before the Appellate Authority (Industrial Tribunal) for any employer, Trade Union, or worker aggrieved by the Certifying Officer's certification order, subject to a 60-day limitation period.

  • Appellate Forum & 60-Day Limitation Window: Section 32(1) enables any employer, Trade Union, or other representative body of workers aggrieved by the order of the Certifying Officer under Section 31 to appeal to the Appellate Authority (Industrial Tribunal) within sixty days of the date on which copies of the certified standing orders are sent.
  • Expansive Appellate Powers of Confirmation and Amendment: Under Section 32(2), the Appellate Authority may, after giving the parties an opportunity of being heard, confirm the standing orders in the form certified, or amend them by making modifications as it considers necessary to render them fair and reasonable.
  • Finality of Appellate Determination: The order of the Appellate Authority is final and binding on all parties; no second appeal lies under the Code, and the certified terms can only be challenged via extraordinary writ jurisdiction under Article 226/227 of the Constitution on grounds of perversity or jurisdictional error.
Key Landmark Precedents:
  • Associated Cement Companies Ltd. v. P.D. Vyas AIR 1960 SC 665: The Supreme Court established that the Appellate Authority exercises the same quasi-judicial powers as the Certifying Officer, possessing full competence to modify certified clauses to ensure fairness, reasonableness, and harmony with the Model Standing Orders.
  • Rohtak & Hissar District Electric Supply Co. Ltd. v. State of U.P. AIR 1966 SC 1471: The Supreme Court held that the Appellate Authority is entitled to adjudicate whether certified standing orders provide adequate procedural fairness in domestic inquiry proceedings, striking down unconscionable clauses.
  • Management of Continental Construction Ltd. v. Workmen (2003) 3 SCC 547: The Supreme Court held that concurrent findings of fact recorded by the Certifying Officer and Appellate Authority regarding the reasonableness of standing orders will not be disturbed under Article 136 of the Constitution unless patently arbitrary.
Courtroom Practice & Strategic Litigation Guidance:

In preparing an appeal under Section 32, draft specific grounds demonstrating how the Certifying Officer exceeded jurisdiction, misapplied the Model Standing Orders, or approved clauses contrary to natural justice. File the appeal within the 60-day limitation window along with an application for interim stay of specific contested clauses (e.g., altered shift rosters or revised disciplinary procedures) to prevent administrative chaos pending appellate decision.

Section 31 All 104 Sections of Industrial Relations Code, 2020 Section 33