- (1.) This appeal by special leave raises a short question about the scope and effect of Cl. 5 in the Schedule to the Industrial Employment (Standing Orders) Act. 1946 (20 of 1946) (hereinafter called the Act). That question arises in this way. The appellant Bagalkot Cement Co. Ltd. is a Limited C Company registered under the Indian Companies Act, 1913 it carries on the business Or manufacturing cement and for that purpose, it owns a factory as well as a limestone Quarry at Bagalkot in the State of Mysore. As required by S. 3 of the Act, the appellant submitted draft Standing Orders on the 3rd Marsh 1958 to the Certifying Officer and the Regional Labour Commissioner (Central), Madras, in order that they should be certified. The Certifying Officer considered to draft submitted by the appellant, heard the appellant and its employees, the respondents and passed an order of certification on the 16th June, 1959. While considering the draft for the purpose of certification, the Certifying Officer, however, made certain amendments in, and additions to, the said draft. Amongst the additions made, clause (7) in paragraph 11 was one and it is with this addition made by the Certifying Officer that we are concerned in the present appeal.
(2.) Paragraph 11 of the draft Standing Orders submitted by the appellant dealt with the question of leave. Paragraph 11(1) of the draft provided that holidays with pay will be allowed as provided for in the Factories Act, 1948, and other holidays in accordance with law and contract. Clauses (2) to (6) dealt with allied matters. In the Standing Orders as they were finally certified, cl. (1) of paragraph it was slightly changed and it provided that holidays will pay will be allowed as provided for in the Mines Act. No grievance is made of this alteration Clause (7) has been added to paragraph 1l. It reads thus : "7. The workmen shall be allowed during the course of a year : (a) Ten festival holidays with pay for the celebration of important festivals (which will be fixed before the commencement of every calendar year in consultation with the workmen) including the Republic Day (26th January) and the Independence Day (15th August) and/or any other paid holidays as may be declared and notified by the Government from time. Those workmen that are required to work on festivals and National Holidays shall be given an equal number of compensation holidays on day convenient to the company, (b) Fifteen days casual leave with wages. This will include all kinds of leave due to sickness or any other use. (c) Casual leave will not be allowed for more than 3 days at a time except in the case of sickness and emergencies at the discretion of the company. (d) Wages shall be allowed for those days remaining unavailed by the workers at the end of the year. (e) Fourteen days annual leave to all classes of workers who have put in 265 attendances in a year as defined in the Mines Act. This includes statutory leave. All leave should be applied for only in the prescribed form. The workmen after filling the particulars of the leave required by them shall hand over the same to the head of the section in which they are working." The appellant apparently contended before the Certifying Officer that it was outside his jurisdiction to deal with the topics covered by clause (7) which he wanted to add but its objection was overruled.
(3.) Against the order passed by the Certifying Officer Certifying the Standing Orders with the additions and amendments made by him, the appellant preferred an appeal under S. 6 of the Act to the appellate authority viz. the Chief Labour Commissioner (Central, New Delhi, on the 5th July, 1959. The appellate authority, in substance, agreed with the view taken by the Certifying Officer and retained the addition made by him by the insertion of clause (7) to paragraph 11. He, however, made slight modifications by directing that in clause (a) there will be seven festival holidays instead of ten festival holidays and in clause (b) there will be ten days, casual leave instead of fifteen days. Clause (d) was amended by the appellate authority by substituting a new clause in its place. The substituted clause reads thus : "casual leave will not be allowed to be accumulated.. Unavailed casual leave shall lapse at the close of the calender year." Then in regard to cl. (e), the appellate authority held that the said clause amounted to a repetition of statutory provision. Therefore, the said clause was amended to read thus : "Annual leave with wages will be allowed as per provisions of the Mines Act." The appellate authority made certain other amendments in the Standing Orders as they were certified by the Certifying Officer and ultimately, the Standing Orders were certified with the modifications and alterations suggested by the order of the appellate authority. The order of the appellate authority was passed on October 15,1959.;