N G E F LTD Vs. INDUSTRIAL TRIBUNAL
HIGH COURT OF KARNATAKA
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Tukol, J. -
(1.)This is a petition under Arts. 226 and 227 of the Constitution of India for the issue of a writ of certiorari quashing the order passed by the Industrial Tribunal in Mysore, Bangalore (Res. No. 1) on November 20, 1967, and for a writ of mandamus or other appropriate direction to the first respondent to issue modified Standing Orders in conformity with the order passed by that authority in appeal No. 3 of 1966.
(2.)The petitioner company is an industrial establishment with more than 100 workmen as its employees coming within the purview of the Industrial Employment (Standing Orders) Act 1946 (hereinafter referred to as the Act). The petitioner submitted its draft Standing Orders to the Certifying Officer on December 16, 1964, for certification as required by Section 3 of the Act. The Certifying Officer heard the petitioner and the workmen (respondent No. 2) and certified the Standing Orders on February 23, 1966. Against the certification, the petitioner as well as respondent No. 2 preferred two separate appeals to respondent No. 1. We are not concerned in this case with the appeal filed by respondent No. 2. In appeal No. 3 of 1966 filed by the petitioner, it challenged the correctness of Standing Orders Nos. 12.2 and 13 as certified by the Certifying Officer. The first respondent, who heard the appeal, passed an order (Exhibit A-3) on January 19, 1967, holding that Standing Order No. 12.2 was required to be modified as pleaded for by the petitioner, and in regard to Standing Order No, 13 which pertains to leave rules, be stated that the leave rules of the Hindustan Aeronautics, Bangalore Division. Bangalore, should be adopted,
(3.)After the disposal of this appeal, respondent No. 1 sent copies of the Standing Orders to the petitioner as approved by him under the appellate order as pec Annexure A-3.
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