M/S. NATIONAL TEXTILES CORPORATION (U.P.) LTD., KANPUR Vs. PRESIDING OFFICER, LABOUR COURT, U.P. LUCKNOW AND OTHERS

JUDGEMENT

(1.) The preliminary objection raised by Mr. B.N. Singh, appearing for the workman about the jurisdiction of this Court to deal with the matter is overruled because the office of the petitioner-company is at Kanpur and the rights of the petitioner are likely to be affected at Kanpur and not at any other place. Therefore, this court has jurisdiction to decide the writ petition.

(2.) The Labour Court has decided the preliminary issue against the petitioner by which it is stated that the charge-sheet framed against the workman was without the authority as the person who had framed the charge was not manager in accordance with the Standing Orders of the factory of which the respond cot-workman was initially an employee.

(3.) The petitioner has challenged that finding in this writ petition. The case of the petitioner is that under the Industrial Employment Standing Orders Act of 1946 a person, who had framed the charge was employer within the meaning of Sec. 2 (f) of the said Act. Sec. 7 of the Factories Act prescribes 'fiat a manager is to be appointed for a factory. The occupier of the factory has to nominate by a written notice of 15 days, he begins to occupy the premises of the factory as manager, information whereof is to be sent to the Chief inspector of Factories. Under Sec. 2 of the Industrial Employment Standing Orders Act of 1946 employer is defined which includes any person framed under clause (f) of Sec. 7 (i) of the Factories Act of 1948 as manager of the Factory.