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Section 36: Oral evidence in contradiction of standing orders not admissible

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 35 All 104 Sections of Industrial Relations Code, 2020 Section 37

Legal Commentary & Landmark Judgments: Section 36

Section 36 of the Industrial Relations Code, 2020 establishes a 6-month statutory moratorium against premature modification of certified standing orders while providing a symmetrical procedure for subsequent amendments by employers, Trade Unions, or workers upon demonstrating changed circumstances.

  • 6-Month Statutory Moratorium on Modifications: Section 36(1) provides that standing orders certified under Chapter IV shall not, except on agreement between the employer and the workers or a Trade Union, be liable to modification until the expiry of six months from the date on which they came into operation.
  • Exception for Bilateral Written Agreement: The 6-month statutory bar is completely relaxed where both the employer and the recognized negotiating union or workers mutually agree in writing to modify standing order terms, permitting immediate industrial adaptations.
  • Symmetrical Application Procedure & Adjudication Standards: Section 36(2) provides that an employer, Trade Union, or worker representative may apply to the Certifying Officer for modifications, accompanied by draft amendments; the Certifying Officer and Appellate Authority follow the identical quasi-judicial certification procedure prescribed under Sections 30, 31, and 32.
Key Landmark Precedents:
  • Shahdara (Delhi) Saharanpur Light Railway Co. Ltd. v. S.S. Railway Workers' Union AIR 1969 SC 513: A Constitution Bench held that any party applying for modification under Section 36 must justify the change by demonstrating altered industrial conditions, hardship, or practical unworkability of the existing certified provisions.
  • Western India Match Co. Ltd. (WIMCO) v. Workmen (1974) 3 SCC 330: The Supreme Court affirmed that standing orders can be modified strictly through the statutory mechanism of Section 36; unilateral managerial circulars or private settlement terms cannot override certified standing orders without formal statutory amendment.
  • Indian Express Newspapers (Bombay) Pvt. Ltd. v. Employees Union (1998) 2 SCC 192: The Supreme Court held that workers and unions have an equal statutory right to seek modifications to certified standing orders, balancing employer operational needs with worker welfare.
Courtroom Practice & Strategic Litigation Guidance:

When applying for modification under Section 36, prepare a detailed 'Statement of Justification' demonstrating changed technological processes, introduction of new shifts, or statutory changes in labor codes. If applying within the 6-month statutory window, ensure a signed bilateral agreement with the recognized negotiating union is annexed to the application. Workers seeking enhanced subsistence allowances during suspension or modernized leave policies can invoke Section 36 symmetrically before the Certifying Officer.

Section 35 All 104 Sections of Industrial Relations Code, 2020 Section 37