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PETITIONER: THE ASSOCIATED CEMENT COMPANY LTD.
Vs.
RESPONDENT: SHRI P. D. VYAS AND OTHERS.
DATE OF JUDGMENT: 11/02/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. GUPTA, K.C. DAS
CITATION: 1960 AIR 665 1960 SCR (2) 974 CITATOR INFO : R 1966 SC1471 (17) RF 1979 SC 65 (5)
ACT: Industrial Dispute-Standing Orders-Draft submitted by employer for approval--Modification by Certifying Officer- Jurisdiction-Industrial Employment (Standing Orders) Act, 1946 (20 of 946) ss- 3, 4, 5, 15(2) (b).
HEADNOTE: The draft standing orders submitted by the appellants to the certifying officer for certification under s. 3(1) Of the Industrial Employment (Standing Orders) Act, 1946, were altered by the latter on the footing that the modifications were necessary so as to be in conformity with the model standing orders.- Section 4 Of the Act, before it was amended in 1956, provided that "it shall not be the function of the certifying officer or the appellate authority to adjudicate upon the fairness or reasonableness of the provisions of any standing order," while under S. 3(2) the draft shall be, as far as is practicable, in conformity with the model standing orders, where they have been prescribed. The question was whether the certifying officer had jurisdiction to make the modifications in the p...