Industrial Employment Act Section 5: Objection Period Explained

The question asks about the specific timeframe mandated by Section 5 of the Industrial Employment (Standing Orders) Act, 1946, for submitting objections to draft standing orders.

Understanding Section 5 of the Act

The Industrial Employment (Standing Orders) Act, 1946, aims to define the conditions of employment in industrial establishments. Section 5 specifically deals with the procedure following the submission of draft standing orders by an employer.

Process for Draft Standing Orders and Objections

• Draft Submission: An employer must prepare draft standing orders and submit them to the Certifying Officer.
• Forwarding to Unions/Workmen: The Certifying Officer then forwards a copy of the draft standing orders, along with the prescribed particulars, to the trade union or, where no trade union exists, to the workmen concerned. This is typically done by sending a notice.
• Objection Period: The Act requires that any objections to the draft standing orders must be submitted within a specific period after the notice is received.

Determining the Objection Timeframe

According to Section 5(1) of the Industrial Employment (Standing Orders) Act, 1946, the Certifying Officer, after forwarding the draft standing orders, must require that objections are submitted:

"within such time (not being less than fifteen days from the date on which the copies as aforesaid are delivered or made available to him, the trade union or the workmen, as the case may be) as the Certifying Officer may fix..."

This section clearly indicates that the minimum period allowed for submitting objections is fifteen days from the date of receipt or availability of the notice regarding the draft standing orders.

Conclusion on Objection Submission

Therefore, the Certifying Officer must require that objections to the draft standing orders are submitted within Fifteen days from the receipt of the notice.