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Section 34: Posting 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 33 All 104 Sections of Industrial Relations Code, 2020 Section 35

Legal Commentary & Landmark Judgments: Section 34

Section 34 of the Industrial Relations Code, 2020 mandates the maintenance of an official, public Register of Standing Orders by the Certifying Officer in both physical and electronic formats, providing conclusive proof of certified terms and public access upon payment of prescribed fees.

  • Statutory Public Register Custody: Section 34(1) requires the Certifying Officer to file a copy of all standing orders certified under Chapter IV in a dedicated statutory register maintained in prescribed physical and electronic formats.
  • Public Inspection & Certified Copy Admissibility: Section 34(2) mandates that the register shall be open to public inspection, and any person may obtain a certified copy of certified standing orders on payment of prescribed fees; such certified copy is admissible in all courts as conclusive proof of the certified rules.
  • Digital Maintenance & Official Transparency: Mandates modern digital storage and accessibility of certified standing orders on departmental portals, ensuring seamless retrieval for workers, trade unions, and judicial authorities.
Key Landmark Precedents:
  • Western India Match Co. Ltd. v. Workmen (1974) 3 SCC 330: The Supreme Court recognized that certified standing orders entered in the official register constitute the authentic and definitive record of employment conditions, resolving all evidentiary ambiguity regarding applicable rules.
  • Bata Shoe Co. (P) Ltd. v. D.N. Ganguly AIR 1961 SC 1158: The Supreme Court held that entry in the official statutory register proves the authenticity and validity of standing orders, barring oral testimony that seeks to contradict registered text.
  • State of Haryana v. Rattan Singh (1977) 2 SCC 491: The Supreme Court held that official registers maintained by public labor authorities carry a legal presumption of regularity and correctness under Section 114 of the Indian Evidence Act (now Section 119 BSA, 2023).
Courtroom Practice & Strategic Litigation Guidance:

Litigation counsel defending an employer in domestic inquiry or labor court dismissal challenges must obtain a certified copy of the standing orders directly from the Certifying Officer's Section 34 register. In Labour Courts and Industrial Tribunals, tender this certified copy as primary documentary evidence; it carries statutory evidentiary presumption, precluding the workman from disputing the authenticity of the disciplinary rules.

Section 33 All 104 Sections of Industrial Relations Code, 2020 Section 35