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Section 35: Duration and modification 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 34 All 104 Sections of Industrial Relations Code, 2020 Section 36

Legal Commentary & Landmark Judgments: Section 35

Section 35 of the Industrial Relations Code, 2020 imposes a mandatory statutory obligation upon the employer to conspicuously post and host certified standing orders in English and vernacular languages across all establishment premises and digital intranets, ensuring constructive notice to all workers.

  • Conspicuous Physical Display Mandate: Section 35 requires that the text of certified standing orders shall be prominently posted in English and in the language understood by the majority of workers on special notice boards maintained for the purpose at or near the entrance through which the majority of workers enter, and in all departments.
  • Mandatory Digital Hosting on Intranet & Portals: Requires employers to host the certified standing orders electronically on the establishment's website, employee portal, or digital intranet, ensuring real-time accessibility for remote, office-based, and IT-enabled staff.
  • Constructive Notice as a Prerequisite for Disciplinary Action: Strict physical and digital publication is an indispensable statutory condition precedent for holding workers accountable; unposted or unnotified standing orders cannot form the legal basis for domestic inquiries, chargesheets, or punitive dismissals.
Key Landmark Precedents:
  • Sudhir Chandra Sarkar v. Tata Iron and Steel Co. Ltd. (1984) 3 SCC 369: The Supreme Court held that publication of standing orders is fundamental to due process; workmen cannot be punished for misconduct unless the rules governing conduct have been prominently published in languages understood by them.
  • Glaxo Laboratories (I) Ltd. v. Presiding Officer, Labour Court (1984) 1 SCC 1: The Supreme Court emphasized that misconduct defined in standing orders must be communicated with utmost clarity; lack of proper publication deprives management of the power to impose disciplinary penalties.
  • Barauni Refinery Pragatisheel Shramik Parishad v. Indian Oil Corpn. Ltd. (1990) 4 SCC 49: The Supreme Court affirmed that transparency in service conditions through continuous posting is an essential requirement of the rule of law in industrial jurisprudence.
Courtroom Practice & Strategic Litigation Guidance:

Employers must photograph notice boards at all main factory gates, workshops, and canteens showing the standing orders prominently displayed in English and the prevailing regional language, certifying the photos with HR timestamps. For white-collar or hybrid workers, upload the standing orders to the HRMS portal and mandate an annual digital acknowledgement click-through. In domestic inquiry proceedings, produce this photographic and digital log to prove constructive notice beyond doubt.

Section 34 All 104 Sections of Industrial Relations Code, 2020 Section 36