Sections 36 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 36 says that once standing orders are finally certified, nobody can use oral evidence in court to add to, vary or contradict them. Section 37 gives the employer, workers or the union a forum when the meaning or application of the standing orders is in doubt: the Tribunal, whose decision is final and binding.
No oral evidence having the effect of adding to, varying or contradicting standing orders as finally certified is admissible in any court (s.36). If a question arises on the application or interpretation of the standing orders, the employer, any worker or workers concerned, or the Trade Union may apply to the Tribunal with territorial jurisdiction. After a reasonable hearing the Tribunal decides, and the decision is final and binding on the employer and the workers (s.37).
Section 36: the certified text prevails
Section 36 reads: "No oral evidence having the effect of adding to or otherwise varying or contradicting standing order as finally certified under this Chapter shall be admitted in any Court."
It is a rule of evidence with a clear purpose. The certified text, which the certifying officer has reviewed, which unions have commented on and which workers can read, is the record of the terms. A party cannot later say "we always understood it differently" and call witnesses to prove it.
Points to note:
- It covers oral evidence "having the effect of adding to or otherwise varying or contradicting". Evidence that merely explains context, without changing the terms, is outside the literal words. Whether a particular piece of evidence crosses the line is a question for the court, and we do not suggest a rule for it.
- It applies to standing orders "as finally certified". That would include orders certified after an appeal; deemed certification under s.30(5) is also certification under the Code's scheme, but the section's words refer to "finally certified", so take advice where the point is decisive.
- It applies in "any Court". The Tribunal has powers of a civil court in several respects; see sections 43 and 44.
Why HR should care. Verbal assurances at induction, or a manager's practice of waiving a clause, cannot vary the certified text. If management wants a different rule, the route is modification under s.35; see sections 33 to 35. Employers who want their floor practice audited against the certified text can ask our employment and labour law advisory team.
Section 37: who decides what the standing orders mean
The application
Section 37: "If any question arises as to the application, or interpretation, of the standing orders certified under sub-section (8) of section 30 or the modification made therein by an agreement entered into under sub-section (5) of that section, the employer or any worker or workers concerned or the Trade Union in relation to the workers employed in the industrial establishment or undertaking, wherein the question has arisen, may apply to the Tribunal, within the local limits of whose territorial jurisdiction such establishment or the office, section or branch of the undertaking is situated, to decide the question".
The cross-references in the printed text, to "sub-section (8) of section 30" and to a modification "by an agreement entered into under sub-section (5) of that section", do not line up neatly with the sub-section numbering of s.30 as printed (s.35 is the section on modification by agreement). Read the section for what it plainly aims at: questions about standing orders in operation, and modifications agreed between the parties. Where the exact scope of a question matters, check the gazette text and take advice.
| Element | Content |
|---|---|
| Trigger | A question as to the application or interpretation of the certified standing orders (or agreed modification) |
| Who may apply | The employer, any worker or workers concerned, or the Trade Union in relation to the workers of that establishment |
| Where | The Tribunal within whose local limits the establishment, or the office, section or branch of the undertaking, is situated |
| Hearing | Tribunal gives all parties concerned a reasonable opportunity of being heard |
| Outcome | Decision is final and binding on the employer and the workers concerned |
Which bench
Under s.44(7)(a), a bench of one Judicial Member and one Administrative Member must entertain and decide cases relating to "the application and interpretation of standing order". Other cases may go to a single-member bench. So the Tribunal bench that hears a s.37 application is the two-member bench.
"Final and binding"
The decision "shall be final and binding on the concerned employer and the workers." It binds those concerned. The Code does not say in s.37 whether further challenge is available in a High Court under the Constitution; that is a matter of general law which we do not address here.
Example (invented). The certified standing orders say an employee may be transferred "within the establishment". The employer moves a worker to a branch office in another city, and the worker says that the branch is outside the establishment. The employer or the worker or the union can apply to the Tribunal whose territorial limits cover the establishment, to decide what "establishment" means in that clause. The Tribunal hears both sides and decides; the decision binds both. Neither side can bring oral evidence that the clause "was always meant" to allow inter-city transfers, because s.36 excludes oral evidence that varies the certified text.
How sections 36 and 37 work together
- The text is fixed by certification (s.30, s.33).
- The text cannot be varied by oral evidence (s.36).
- If there is a real doubt about what the text means, or how it applies to a set of facts, the Tribunal decides (s.37).
- If the text needs changing, apply for modification (s.35), not by argument.
This links to the wider Tribunal jurisdiction: discharge, dismissal, illegal strikes and trade union disputes go to the same two-member bench. See sections 22 and 23 and sections 43 and 44.
Central Rules
In the text of the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026) that we reviewed, there is no rule with its own form for an application under s.37. The Tribunal's procedure is, in the Code, "as may be prescribed" (s.44(7)); for Central-sphere establishments check the Central Rules for the current procedure, and for State-sphere establishments check the State's own rules. Our legal dispute resolution team can advise on choosing the forum and preparing the application.
Need help with a standing orders dispute?
If a clause is being read two ways on your shop floor, it is cheaper to settle the meaning than to litigate over a dismissal that rests on it. Our employment and labour law advisory team can review the certified text, the practice on the ground and the options: modification, agreement or an application to the Tribunal.
Key takeaways
- Oral evidence cannot add to, vary or contradict finally certified standing orders (s.36).
- A question on application or interpretation goes to the Tribunal on an application by the employer, a worker or workers concerned, or the Trade Union (s.37).
- The Tribunal is the one with territorial jurisdiction over the establishment or its office, section or branch.
- The decision is final and binding on the employer and the workers concerned.
- To change the text, use the modification route in s.35.
Read next
- Section 33-35: operation, register, duration and modification
- Section 38-39: suspension pending enquiry and exemption
- Section 43-44: conciliation officers and Industrial Tribunals
- Industrial disputes under the new labour codes
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.