- (1.) INDIAN Air Gases Limited manufacturers of oxygen and dissolve actyiene gases at its factory at Moghalsarai in Varanasi district. It has its registered office at Kanpur. Air Gases Mazdeor Sangh is the union of the employees working in the factory at Moghalsarai. Petitioners Nos. 2 to 11 are the employees of the respondent-company who have been working in the factory at Moghalsarai ever since their employment. In September, 1975, the management of the respondent-company transferred petitioners Nos. 2 to II from its factory at Moghalsarai to its head office at Kanpur under Clause 8 (b) of the standing orders. The standing orders proposed by the respondent-company were certified by the certifying officer on 23rd July, 1975, under the Industrial Employment (Standing Orders) Act, 1946. The union, namely, petitioner No. 1, as well as the affected employees, petitioners Nos. 2 to 11, preferred appeal before the Industrial Tribunal (1), Allahabad, under Section 6 of the Industrial Employment (Standing Orders) Act, 1946, against the orders of the certifying officer. The Industrial Tribunal by its order dated 24th October, 1975, rejected the appeal on the ground of delay in filing the appeal. Aggrieved, the petitioners filed this petition under Article 226 of the Constitution challenging the validity of the order of the certifying officer, the Industrial Tribunal as well as the transfer of the petitioners Nos. 2 to 11 to Kanpur.
(2.) THE Industrial Employment (Standing Orders) Act, 1946, makes it obligatory for framing of standing orders by all industrial establishments employing 100 or more workers. The employers are required to define the conditions of service in the establishment with certainty and to reduce them to writing and to get them compulsorily certified with a view to avoid unnecessary industrial disputes. Section 3 of the Act requires the employees of industrial establishments to submit to the certifying officer copies of the draft standing orders proposed by them for adoption in their industrial establishment. Subjection (2) requires that in the draft standing orders provision should be made for the matters set out in the Schedule to the Act. Where model standing orders are prescribed, the draft standing orders are required to be in conformity with those model standing orders. Section 2 (g) defines standing orders, which means rules relating to matters set oat in Schedule. Section 3 (2) read with Section 2 (g) requires framing of standing orders with respect to matters provided in the Schedule to the Act. The Schedule contains 10 different matters, i. e. , classification of workmen, hours of working, shift working, attendance, procedure for grant of leave and holidays, admission to factory gates and search, closure and reopening of sections and temporary stoppage of work, termination of employment, suspension and dismissal, means of redress for wrongful exactions by the employer or his agent. In addition to the items mentioned in the Schedule the appropriate Government, namely, the Central Government and the State Government, as the case may be, is empowered to add any other item to the Schedule.
(3.) SECTION 4 lays down that the certifying officer shall certify the standing orders framed by the employers provided the standing orders are in respect of items mentioned in the Schedule and the same are otherwise in conformity with the provisions of the Act. The said provision further requires the certifying officer and the Appellate Authority to adjudge the fairness or reasonableness of the provisions of standing orders. Prior to 1956, the certifying officer or the Appellate Authority had no jurisdiction to adjudicate upon the fairness or reasonableness of the standing orders proposed by the employers but after the Act was amended in 1966, it laid down mandatory duty on the certifying officer to adjudicate upon the fairness or reasonableness of the provisions of the standing orders. Section 5 prescribes procedure which the certifying officer has to follow before certifying the draft standing orders. He is required to issue notice to the employers and workmen and to invite objections, he is to give opportunity of hearing to the workmen and to the employers and thereafter he has to decide whether or not any modification or addition to the draft submitted by the employer is necessary. The certifying officer has power to certify the draft standing orders with modifications, if any. He is then required to send copies of the certified standing orders to the employers and to the trade unions or other representatives of the workmen. Any person aggrieved by tae order of the certifying officer is entitled to file appeal before the Appellate Authority, within 30 days of the service of the certified standing orders. The Appellate Authority, is also empowered to frame any additional standing orders or to amend the same or make men modifications as it may consider necessary.;