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1 - 6 of 6 (0.50 seconds)The Industrial Disputes Act, 1947
Indian Tobacco Co. Ltd vs Industrial Court on 23 February, 1994
The net result of these provisions is that, Model Standing Order 4-A would over-ride any provision to the contrary contained in the employment contract or the Certified Standing Orders existing on the day on which Model Standing Order 4-A was brought into effect. Model Standing Order 4-A was brought into effect from February 21, 1978. Apart from this, it would appear that Standing Order 32 has already been the subject matter of interpretation by this Court and the view has been taken by our High Court in The Indian Tobacco Company Limited v. The Industrial Court and Ors. 1990 C. L. R. 88 that Model Standing Order 32 was only intended for protecting better rights in favour of the workmen and that the Standing Orders must prevail over the terms of contract of service in case of inconsistency between the two. This judgment also takes the view that the legal result of Standing Orders 2-B and 4-A is automatic confirmation of a probationer after the expiry of three months of continuous probationary service, subject only to the proviso that the Employer has the right to terminate the service of the employee for unsatisfactory probationary service at the expiry of probationary period. I am, therefore, unable to accept the contention urged by Mr. Talsania, for the First Respondent.
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Section 2A in The Industrial Disputes Act, 1947 [Entire Act]
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