A.K.SARKAR, K.N.WANCHOO, P.B.GAJENDRAGADKAR
Bagalkot Cement Company LTD. – Appellant
Versus
B. K. Pathan – Respondent
Judgment
GAJENDRADKAR, J. : This appeal by special leave raises a short question about the scope and effect of Cl. 5 in the Schedule to the Industrial Employment (Standing Orders) Act. 1946 (20 of 1946) (hereinafter called the Act). That question arises in this way. The appellant Bagalkot Cement Co. Ltd. is a Limited C Company registered under the Indian Companies Act, 1913 it carries on the business Or manufacturing cement and for that purpose, it owns a factory as well as a limestone Quarry at Bagalkot in the State of Mysore. As required by S. 3 of the Act, the appellant submitted draft Standing Orders on the 3rd Marsh 1958 to the Certifying Officer and the Regional Labour Commissioner (Central), Madras, in order that they should be certified. The Certifying Officer considered to draft submitted by the appellant, heard the appellant and its employees, the respondents and passed an order of certification on the 16th June, 1959. While considering the draft for the purpose of certification, the Certifying Officer, however, made certain amendments in, and additions to, the said draft. Amongst the additions made, clause (7) in paragraph 11 was one and it is with this addition made by t
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