- (1.) This petition is directed against the order of the appellate authority dated 6-12-1972 modifying the standing orders as certified by the Certifying Authority under S. 5 (2) of the Industrial Employment (Standing Orders) Act, 1946.
(2.) The U. P. State Road Transport Corporation runs a central workshop at Kanpur. A large number of workmen are employed in the workshop. The Corporation submitted draft standing orders to the Certifying Officer under S. 3 of the Industrial Development (Standing Orders) Act, 1946 (hereinafter referred to as "the Act"). After hearing the representatives of the Corporation and the representatives of the workmen, the Certifying Officer after making certain modifications certified the standing orders. On an appeal preferred by the U. P. State Road Transport Corporation the appellate authority modified the standing orders dealing with age of superannuation and suspension allowance. Aggrieved the Central Workshop Karmchari Sangh, the union which represented the workmen employed in the Central workshop filed this writ petition under Art. 226 of the Constitution.
(3.) C1. 30 of the Standing Orders as certified by the Certifying Officer, contained provisions for payment of suspension allowance pending inquiry against a workman and the rate of subsistance allowance was prescribed in the various sub-clauses. According to cl. 30 a workman under suspension pending inquiry was entitled to 1/2 of the basic wages for first ninety days from the date of suspension in addition to the dearness allowance and other allowances. In the event of suspension period exceeding 90 days due to prolongation of departmental enquiry he was entitled to suspension allowance at the rate of 3/4 of basic wages but if the enquiry was prolonged for reasons attributable to the workman subsistence allowance would be reduced to 1/4. If a workman was placed under suspension on account of criminal proceedings against him he was entitled to receive l/2 of his basic wages during the first 180 days of the period of his suspension. In the event of criminal proceedings or inquiry being prolonged beyond 180 days the workman would be entitled to 3/4 of his wages as suspension allowance and if the criminal proceedings are prolonged for the reasons directly attributable to the workman, the suspension allowance would be reduced to l/4th of such wages. The appellate authority modified clause 30 by reducing the rate of suspension allowance. Under the amended cl. 30 of the Standing Orders as certified by the appellate authority, a workman placed under suspension pending departmental enquiry is entitled to one-fourth of his wages for the first six months of his suspension, in the event of suspension period exceeding six months the workman is entitled to half of his wages as suspension allowance. If the suspension period is prolonged for the reasons attributable to the workman the subsistence allowance shall be reduced to one fourth of his wages. During the suspension on account of pendency of criminal proceedings a workman is entitled to one-fourth of his wages for the first six months and if suspension continues beyond that period he is entitled to half of his wages, in the event of criminal proceedings being prolonged beyond a period of 180 days at the instance of the workman, the subsistence allowance shall be reduced to one-fourth of the wages. The appellate authority thus reduced the rate of suspension allowance approximately by fifty per cent. C1. 39 of the certified Standing Orders prescribed the age of superannuation of a workman at 60 years, but the appellate authority modified the same by prescribing 58 years as age of superannuation.;