Date of operation of standing orders and its availability
Section 33 of the Industrial Relations Code, 2020 deals with date of operation of standing orders and its availability. The standing orders or modified standing orders, as the case may be, shall, unless an appeal is preferred under section 32, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (8) of section 30, or where an appeal as aforesa The Act was enacted on 28 Sep 2020.
(1) The standing orders or modified standing orders, as the case may be, shall, unless an appeal is preferred under section 32, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (8) of section 30, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority are sent in such manner as may be prescribed.
(2) The text of a standing order as finally certified under this Code shall be maintained by the employer in such language and in such manner for the information of the concerned workers as may be prescribed.
Section 33, The Industrial Relations Code, 2020 (Act 35 of 2020).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Union of India vs M. Kistaiah
Decided under industrial-employment-standing-orders-act-1946 7, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Standing orders certified through the statutory quasi-judicial process operate as a statutory contract of service for workmen in an industrial establishment and govern their conditions of service and disciplinary proceedings; the general Central Civil Services (CCA) Rules cannot displace them in the absence of the notification contemplated by the Act, and the terms of an individual appointment order cannot override them.
On this section: Fixes what it means for standing orders to be in operation under this section: from the date they operate they are the governing conditions of service, displacing inconsistent general rules and contract terms until modified by the statutory procedure.
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R. S. R. T. C. vs Deen Dayal Sharma
Decided under industrial-employment-standing-orders-act-1946 7, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Certified standing orders are statutorily imposed conditions of service, not mere contractual terms, so a termination made in breach of the enquiry procedure they prescribe is a breach of a statutory obligation; the Court held that the remedy for enforcing such a right lies through the machinery of the Industrial Disputes Act and not by civil suit.
On this section: Illustrates the consequence of standing orders having come into operation: from that point they are enforceable statutory conditions of service binding on the employer, and the forum for enforcing them is industrial adjudication.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 33
What have the courts held on Section 33 of the Industrial Relations Code?
Union of India vs M. Kistaiah (20 Sep 2023) is the leading judgment on this section among those set out below, though it was decided under INDUSTRIAL-EMPLOYMENT-STANDING-ORDERS-ACT-1946 7, which this section replaced -- the court never mentioned this Act: Fixes what it means for standing orders to be in operation under this section: from the date they operate they are the governing conditions of service, displacing inconsistent general rules and contract terms until modified by the statutory procedure. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 33 of the Industrial Relations Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Industrial Relations Code 33, section 33 Industrial Relations Code, section 33 of the Industrial Relations Code. People searching for it also type section 33 of industrial relations code 2020. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Union of India vs M. Kistaiah (20 Sep 2023).
What should I read with Section 33 of the Industrial Relations Code, and has it changed?
Its own text turns on section 30 (Preparation of draft standing orders by employer and procedure for certification), section 32 (Appeals), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was Section 33 of the Industrial Relations Code enacted?
Section 33 of the Industrial Relations Code, cited as Industrial Relations Code 33, was enacted on 28 Sep 2020 as Act 35 of 2020. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions3327 words
- 99. Power of appropriate Government to make rules1827 words
- 86. Penalties1320 words
- 30. Preparation of draft standing orders by employer and procedure for certification942 words
- 78. Prohibition of lay-off858 words
- 79. Conditions precedent to retrenchment of workers to which Chapter X applies706 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.