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Showing contexts for: declaration of trust in The Management Of vs The Deputy Labour Commissioner on 6 September, 2022Matching Fragments
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WP No. 4114 of 2021Petitioner was issued an appointment order wherein he was informed that he would be governed by the rules and regulations framed and amended from time to time by the respondents. The said appointment order amounts to an agreement, as contemplated by the present standing order. I fail to understand if it is not an agreement what else it could be. Shri Bukhari is, therefore, right in his submissions that the respondents have not contested the claim that the Model Standing Orders do not prevail over the service regulations in the case of inconsistency. He has, therefore, rightly submitted that the appointment order being an agreement as contemplated under the said Standing Order No. 27, the age of retirement having been agreed specifically is within the four corners of the said standing order. I am not able to agree with Shri Deshpande when he has submitted that the agreement, settlement or award as mentioned in the said standing order has to be such only when there is a specific clause in respect of the age of retirement or with the union or with the large number of workmen and that an appointment order is not contemplated as an agreement within the said standing orders. There is nothing in the standing order to read that an appointment order individually issued to an employee cannot be an agreement. I, therefore, hold that the appointment order issued to the petitioner and every such appointment order issued to every such employee does constitute an agreement within the meaning of clause 27 of the standing order and both the parties are bound by such an agreement unless, it is in any way contrary to the law or inconsistent with any provisions of law. In the present appointment order I do not find anything which is inconsistent or contrary to the law. The appointment order is clear enough to inform the employee that he would be bound by the service regulations present and as amended from time to time. There is second aspect of this matter. Even the service regulations which are framed by the Board of Management and which are governing the service conditions of the employees have statutory flavour and have binding force, so long as there are not contrary to any provisions of law, including the Model Standing Orders. At the same time, we cannot forget that they are not the service rules privately framed by any employer and kept in his cupboard. The respondent management is a responsible organisation formed under the declaration of trust deed. In its organisation, there have been very highly placed