D.P.S.Chauhan, J. - (1.) By means of this petition, three petitioners have approached this Court under Article 226 of the Constitution for seeking a direction in the nature of certiorari quashing Clause 20.8 of the certified Standing Orders of the Respondent No. 2 and also for the quashing the order of Respondent No. 1 dated 20.10.89 which is annexed with the petition as Annexure-1.
(2.) For certification of the Standing Orders pertaining to the employees of M/s. Mathura Refinery under the provisions of Industrial Employment (Standing Orders) Act, 1946 (for brevity hereinafter referred to as "Standing Orders"). Steps were taken by the Indian On Corporation before Certifying Officer, who, after hearing the Oil Corporation and the representatives of the Registered Trade Union, certified the Standing Orders on 31.1.1985. Thereafter, an appeal was preferred by the Indian Oil Corporation before the Dy. Chief Labour Commissioner, New Delhi under provision of Section 6 of the Standing Orders. The Dy. Chief Labour Commissioner after hearing both the parties confirmed the Standing Orders certified by the Certifying Officer with modification and the modification as inserted was to the following effect:" Where a workman has been convicted for a criminal offence of grave nature in a Court of Law or where the General Manager is satisfied for reasons to be recorded in writing that it is neither expedient nor in the interest of security to continue the workman, the workman will be removed or dismissed from service without following the procedure laid down under Clauses 17.3 to 17.7 of these Standing Orders."
(3.) I have heard the learned counsel for the parties.;