INDIAN IRON AND STEEL CO LTD Vs. NINTH INDUSTRIAL TRIBUNAL AND OTHERS
LAWS(CAL)-1976-11-44
HIGH COURT OF CALCUTTA
Decided on November 10,1976

INDIAN IRON AND STEEL CO LTD Appellant
VERSUS
NINTH INDUSTRIAL TRIBUNAL AND OTHERS Respondents


Referred Judgements :-

SUSHIL KUMAR V. CALCUTTA ELECTRIC SUPPLY CO. LTD. [REFERRED]
M/S. DHANBAD FLOUR MILLS V. DHANBAD MILLS KARMACHARI SANGH [REFERRED]
INDIAN IRON AND STEEL CO LIMITED VS. THEIR WORKMEN: INDIAN IRON AND STEEL CO LIMITED [REFERRED]
AGRA ELECTRIC SUPPLY COMPANY LIMITED VS. ALLADDIN [REFERRED]
TATA CHEMICALS LIMITED VS. KAILASH C ADHVARYU [REFERRED]
AGNANI VS. BADRI DAS [REFERRED]


JUDGEMENT

- (1.)The writ application herein concerns two workmen named J. N. Kar Chaudhuri and S. R. Bhattacharjee. The petitioner's case is that the said two workmen were daily rated workmen and as such the certified standing orders of the company were applicable to them. Accordingly, their services were properly terminated in accordance with the certified standing order No. 9 of the company.
(2.)The two workmen's case shortly put, is that by virtue of a Memorandum of Settlement arrived at in a conciliation proceedings on or about 9th July, 1965, both the said J. N. Kar Chaudhuri and S. R. Bhattacharjee became monthly rated workmen and as such, the certified standing orders could not be applied to their case; and accordingly, the Model Standing Orders which have been framed under the Bengal Industrial Employment (Standing Orders) Rules, 1946 would become applicable, In terms of the said Model Standing Orders the said two workmen were entitled to extension of leave and their services could not be legally terminated and, the termination of their services was unjustified.
(3.)The facts, according to the petitioner, shortly are that the said J. N. Kar Chaudhuri was appointed as a Machinist (second class) on 10th May, 1958, as a daily rated workmen. He was confirmed on 17th May, 1958 in the post of a Machinist (third class) and as a daily rated workman receiving Rs. 1.94 per day as wages. The said S. R. Bhattacharjee, the fifth respondent herein, was appointed as an extra man by the petitioner on 13th May, 1951 and as a daily rated workman receiving Re. 1/2 annas a day as his wages, Accordingly, both of them were daily rated workmen except that under a Memorandum of Settlement signed on 3rd March, 1966, for the purpose of gradation and payment of wages they were upgraded and treated as monthly rated workmen.
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