ASSOCIATED CEMENT COMPANIES LTD Vs. P D VYAS
LAWS(BOM)-1954-9-8
HIGH COURT OF BOMBAY
Decided on September 23,1954

ASSOCIATED CEMENT COMPANIES LTD DWARKA CEMENT Appellant
VERSUS
P D VYAS Respondents


Referred Judgements :-

STATE OF WEST BENGAL VS. SUBODH GOPAL BOSE [REFERRED TO]


JUDGEMENT

- (1.)THE petitioners are a limited company carrying on business as Dwarka Cement Works at Dwarka and Sevalia Cement Works at Sevalia in the district of Khaira. Respondent 1 is a member of the industrial court, respondent 2 is the Commissioner of Labour and respondent 3 is the general secretary of Dwarka Cement Works Employees' Union. Respondent 4 is sued on behalf of all the other workmen employed by Dwarka Cement Works.
(2.)IN this petition company complains of a certain order made under the Industrial Employment (Standing Orders) Act, 1946, together with the Bombay Industrial Employment (Standing Orders) Rules, 1948, The orders are made by the certifying officer under the said Act and the orders were confirmed by the appellate authority under the Act. The petitioners complain that in accordance with the provisions of this Act they had forwarded their standing orders for the approval of the certifying authority and the certifying authority have altered the said orders contrary to the provisions of this Act and thereby exceeded the jurisdiction vested in the certifying authority.
(3.)IT is necessary for the purpose of understanding this contention to see what is the scheme of the Act. Shortly put, on a perusal of the several relevant sections, it is clear that the Act is framed for the purpose of crystallizing the different heads of terms between the employer and the employees, so that no friction may arise as to what those terms and conditions were which should be made known to the employees by such standing orders in writing exhibited on a board and under Section 12 it is stated that oral evidence in contradiction of standing orders is not admissible, namely, that no oral evidence having the effect of adding to or otherwise varying or contradicting standing orders as finally certified under this Act shall be admitted in any court.


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