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1 - 10 of 21 (0.39 seconds)Section 9 in The Industrial Employment (Standing Orders) Act, 1946 [Entire Act]
Section 5 in The Industrial Employment (Standing Orders) Act, 1946 [Entire Act]
The Industrial Disputes Act, 1947
Bharat Iron Works vs Bhagubhai Balubhai Patel & Ors on 10 October, 1975
Reference was next made to Bharat Iron Works v.
Bhagubhai Balubhai Patel & Ors. The allegation was of
vicitimisation which found favour with the Tribunal and the
High Court. This Court while allowing the appeal of the
employer held that the Tribunal committed a manifest error
of law in reaching the conclusion that the management was
guilty of victimisation. We fail to see how this decision
has any relevance to the point under discussion in this
case.
Saurashtra Salt Manufacturing Co. vs Bai Valu Raja And Ors. on 28 April, 1958
Mr. Shanti Bhushan also relied upon Saurashtra Salt
Manufacturing Co. v. Bai Valu Raja and Ors. and General
Manager, B.E.S.T. Undertaking, Bombay v. Mrs. Agnes, both of
which are cases concerned with Sec. 3 of the Workmen's
Compensation Act, 1923 and are of no assistance for the
present purpose.
General Manager, B. E. S. ... vs Mrs. Agnes on 10 May, 1963
Mr. Shanti Bhushan also relied upon Saurashtra Salt
Manufacturing Co. v. Bai Valu Raja and Ors. and General
Manager, B.E.S.T. Undertaking, Bombay v. Mrs. Agnes, both of
which are cases concerned with Sec. 3 of the Workmen's
Compensation Act, 1923 and are of no assistance for the
present purpose.
Mahendra Singh Dhantwal vs Hindustan Motors Ltd. & Ors on 7 May, 1976
Relying on these observations, Mr. Shanti Bhushan urged that
this Court has in terms held that there can be some other
misconduct not enumerated in the standing order and for
which the employer may take appropriate action This
observation cannot be viewed divorced from the facts of the
case. What stared in the face of the court in that case was
that the employer had raised a technical objection ignoring
the past history of litigation between the parties that
application under Sec. 33A was not maintainable. It is in
this context that this Court observed that the previous
action might have been the outcome of some misconduct not
enumerated in the standing order. But the extracted
observation cannot be elevated to a proposition of law that
some misconduct neither defined nor enumerated and which may
be believed by the employer to be misconduct ex post facto
would expose the workman to a penalty. The law will have to
move two centuries backward to accept such a construction.
Salem-Erode Electricity Distribition ... vs Salem-Eroda Electricity Distribution ... on 15 October, 1965
But it is not necessary to go so far because in
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Salem Erode Electricity Distribution Co. Ltd. v. Salem Erode
Electricity Distribution Co. Ltd. Employees Union this Court
in terms held that the object underlying the Act was to
introduce uniformity of terms and conditions of employment
in respect of workmen belonging to the same category and
discharging the same or similar work under an industrial
establishment, and that these terms and conditions of
industrial employment should be well-established and should
be known to employees before they accept the employment. If
such is the object, no vague undefined notion about any act,
may be innocuous, which from the employer's point of view
may be misconduct but not provided for in the standing order
for which a penalty can be imposed, cannot be incorporated
in the standing orders. From certainty of conditions of
employment, we would have to return to the days of hire and
fire which reverse movement is hardly justified.
Western India Match Co. Ltd vs Their Workmen on 3 May, 1963
In this
connection, we may also refer to Western India Match Company
Ltd. v. Workmen in which this Court held that any condition
of service if inconsistent with certified standing orders,
the same would not prevail and the certified standing orders
would have precedence over all such agreements. There is
really one interesting observation in this which deserves
noticing. Says the Court: