UNITED PROVINCES ELECTRIC SUPPLY GO LIMITED ALLAHABAD Vs. THEIR WORKMEN

JUDGEMENT

(1.) This is an appeal by special leave from an award of the Industrial Tribunal, Allahabad, dated May 19, 1967.

(2.) The material facts may be stated. The appellant, which is a limited liability company and which later on went into voluntary liquidation, was carrying on the business or undertaking of generation, distribution and supply of electricity. One of such undertakings was the Electric Supply Undertaking at Allahabad in the State of Uttar Pradesh. Its affairs and business were being looked after and managed by Martin Burn and Co. Ltd., Calcutta. Some of the appellant's workmen in Allahabad and its surrounding area were members of Bijli Mazdoor Sangh - a trade union registered under the Indian Trade Union Act, 1926. The U. P. State Electricity Board compulsorily acquired and took over the assets of the appellant's aforesaid undertaking or business with effect from 16/17th September 1964.

(3.) In accordance with the provisions of the Industrial Employment (Standing Orders) Act 1946, hereinafter called the 'Act' and the U. P. Industrial Employment (Standing Orders) Rules 1946 the appellant submitted draft Standing Orders defining the conditions of employment of its employees. On July 14, 1951 these orders were certified by the Certifying Officer. Clause 32 of the Standing Orders was in the following terms: