- (1.) THIS writ petition, has been filed under Articles 226/227 of the Constitution for quashing the order dated December 31, 1973, passed by the Presiding Officer, Industrial Tribunal, Punjab, Chandigarh (annexure "c" to the petition) with the prayer that the order dated April 30, 1969, passed by the certifying officer, respondent No. 4 (annexure "a" to the petition) be restored.
(2.) PUNJAB Khadi Gram Udyog Sangh (hereinafter called as "petitioner-society") is a body registered under Section 21 of Societies Registration Act, 1860, and is engaged in the manufacture and sale of Khadi goods and in the propagation of the use of the same since long. Under the Industrial Employment (Standing Orders) Act, 1946 (hereinafter briefly referred to as "the Act"), the standing orders of the petitioner-society were certified on June 1, 1965. Rule 11 thereof provides that workmen employed by the petitioner-society shall retire from service on attaining the age of 65 years. It is also further provided in the standing orders itself that the power to make amendment and interpret the standing orders, etc. , shall vest in the governing body of the petitioner-society.
(3.) THE petitioner-society on November 25, 1968, by a resolution modified the service rules and decreased the age of retirement of its employees from 65 to 60 years and directed that the same be incorporated in the relevant para of the standing order. The proposed amendment of the standing order was sent by the petitioner-society to respondent No. 4, who is certifying officer under the Act. The certifying officer issued the requisite notice along with a copy of the draft amendment to the representatives of the workmen because at the relevant time there was no trade union of the workers. However, during the course of the hearing, the union of the workmen known as Khadi Karya Karea Sangh was formed and recognised by the petitioner-society on April 2, 1969. Accordingly, notice was also issued by the certifying officer to the said union for hearing on April 5, 1969. On the said date of hearing, the representatives of the workmen and the elected representatives of the union appeared before the certifying officer, who certify, the said modifications in the standing orders vide his order dated April 30, 1969 (annexure "a" to the petition ).;