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State Of U.P. & Others vs P.O. Labour Court & Another on 7 April, 2015 cites

Management Shahdara (Delhi) ... vs S.S. Railway Workers' Union on 18 September, 1968

The termination of the services of the workman are alleged to have taken place in the year 1988. There is also no material on record by which the Labour Court could have come to the conclusion that the petitioner establishment were employing more than 100 employees and Industrial Employment (Standing Orders) Act was applicable, hence the Labour Court has committed an error apparent on the face of the record in holding that the Industrial Employment (Standing Orders) Act, 1946 will be applicable to the petitioner establishment. The position is that even if the Model Standing Orders have been applicable in a subsequent amendment the same will not apply as it is incorporated in the Certified Standing Orders. The Apex Court in para 18 of the judgment given in Management, Shahdara (Delhi) Saharanpur Light Railway Co. Ltd. v. S.S. Railway Workers Union (supra) has held that under the Industrial Employment (Standing Orders) Act, 1946 modification of the Standing Orders requiring of giving a second show cause notice at the stage of imposition of punishment of removal was not considered to be fair or reasonable and should therefore be set aside. In industrial matters such a requirement of Article 311 does not appear to be either necessary or proper and will not be equated with civil servants."
Supreme Court of India Cites 43 - Cited by 51 - J M Shelat - Full Document

U.P. State Road Trasnport Corporation vs U.P. Rajya Sadak Parivahan Karamchari ... on 9 March, 2007

In the case of U.P. State Road Transport Corporation (supra), Hon'ble Supreme Court considered the scope of Section 11-C of the U.P. Industrial Dispute Act, 1947 read with Section 13-A of the Industrial Employment ( Standing Orders) Act, 1946 in the context of an application for regularization dated 19.9.2001 allowed by the Labour Court, and held as under :-
Supreme Court of India Cites 8 - Cited by 4 - M Katju - Full Document
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