S. S. Sodhi, J. - (1.) THE controversy here is with regard to the applicability of the additional matters included in the model standing orders by amendment in the schedule to the industrial employment (standing orders) Act 1946 (here in after referred to as the Act') after certification of standing orders of an industrial establishment. It arises in the present case, in the context, of the provision pertaining to the transfer of employees, which was not there in the model standing orders when the standing orders of the appellant corporation were certified under the Act in 1976, but came to be incorporated in the model standing orders subsequently, by their amendment. This amendment being of January 17, 1983.
(2.) THE point in issue arises from the transfer of the respondent Som Pal Singh, Senior Assistant with the appellant Corporation, from Kanpur to Calcutta. THE contention put forth and which prevailed with the learned single Judge, being, that in the absence of any provision regarding transfer in its certified standing orders, the appellant Corporation could not pass the impugned order transferring the respondent from Kanpur to Calcutta. Great stress was, in this behalf, also laid upon the fact that in its draft standing orders the appellant Corporation had made provision for the transfer of its employees, but it was disallowed by the appellate authority, under the Act, by its order of November 30, 1977. The proposition canvassed by the Counsel for the appellant, Mr. Sudhir Chandra, Senior Advocate, was that, as a plain reading of the provisions of the Act would show that all matters set out in the schedule to the Act were required to be provided for in (he draft standing orders and further that the model standing orders were to be deemed to have been adopted by the industrial establishment till its standing orders were finally certified, it must logically follow that until certified standing orders are modified to incorporate the additions to the model standing orders, such additions must be deemed to have been adopted by the industrial establishment concerned and shall thus be applicable to it. It was on these premises argued that the appellant Corporation had the requisite power and authority to transfer the respondent Som Pal Singh. To give the relevant factual back-ground, the appellant Corporation is a Company registered under the Indian Companies Act 1956. Its aim being to establish Units and Offices all over the Country. It has since set up centers at New Delhi, Bhubaneshwar. Bangalore, Calcutta and Madras. Later, at the meeting of the Board of Directors held in September, 1993, it was decided to set up 13 new centres at various other places in the Country.
(3.) IT was sometime in the year 1976 that the appellant Corporation submitted its draft standing orders for certification, to the certifying Officer. Provision was made in these draft standing orders for the transfer of employees. The certifying Officer, by his order of December 24, 1976, approved the provision but only to a limited extent. This provision was, however, wholly deleted by the Appellate authority, by its order of November 30, 1977, on the ground that it did not figure in the schedule to the Act. This is where matters stood until 1983 when the schedule to the Act was amended and specific provision was made therein for transfer of employees. As regards respondent Som Pal Singh, it was on June 25, 1976 that a letter of appointment (Annexure-1) for the post of Typist Clerk was issued to him. Clause-6 thereof specifically stipulated that he may, at the discretion of the Management, be required to serve anywhere in India, Som Pal Singh accepted this appointment on these terms and was consequently appointed as Typist Clerk on July 23, 1976.;