Section 40 in Bombay Industrial Relations Act, 1946
40. Standing Orders to be determinative. - (1) Standing orders in respect of an employer and his employees settled under this Chapter and in operation, or where there are no such standing orders, modal standing orders, if any, applicable under the provisions of sub-section (5) of section 35 shall be determinative of the relations between the employer and his employees in regard to all industrial matters specified in Schedule I.
(2)Notwithstanding anything contained in sub-section (1) the [State], Government may refer, or an employee [or a representative union] may apply in respect of any dispute of the nature referred to in clause (a) of paragraph A of section 78, to a Labour Court.
