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1960 Supreme(SC) 37

K.C.DAS GUPTA, P.B.GAJENDRAGADKAR
Associated Cement Companies LTD. – Appellant
Versus
P. D. Vyas – Respondent


Advocates:
Gopal Singh, J.B.DADACHAN, P.L.VOHRA, R.H.Dhebar, R.J.KOLAG, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY

Judgment

GAJENDRAGADKAR, J. : The Associated Cement Companies Ltd., Dwarka Cement Works, Dwarka and the Associated Cement Companies Ltd., Sevalia Cement Works, Sevalia (hereinafter called the appellants) own and manage several cement works throughout India including inter alia cement manufacturing factories at Dwarka and Sevalia called the Dwarka Cement Works and the Sevalia Cement Works respectively. In 1946 the appellants submitted to respondent 2, the Commissioner of Labour, Bombay, in his capacity as certifying officer, draft standing orders for certification under S. 3(1) of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946) (hereinafter called the Act). Respondent 2 made several alterations in the draft submitted by the appellants. The two important alterations which are the subject-matter of the present appeal were in respect of items Nos. 8 and 16. Under item No. 8 the draft standing orders had required that notice of fourteen days shall be given in the event of discontinuance of a shift. Respondent 2 has modified it by increasing the period of notice from fourteen days to one month. This modification has been made in accordance with the model standing order












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