1963 Supreme(SC) 256

SUPREME COURT OF INDIA
8th November, 1963
P.B. GAJENDRAGADKAR, K.N. WANCHOO AND K.C. DAS GUPTA, JJ.
1. The General Manager, Bhilai Steel Project, Bhilai (M. P.) (In C. A. No. 764 of 1963): 2. The General Manager, Hindustan Steel Ltd., Bhilai Steel Works, Bhilai (M. P.) (In C. A. No. 765 of 1963); 3. The General Manager, Hindustan Steel Ltd., Bhilai (M. P.) (In C. A. No. 766 of 1963). Appellants v. 1. The Steel Works Union Bhopal and others (In C. A. No. 764 of 1963); 2. Narahari Tripathi (Turner) General Secretary United Steel Workers of Bhilai and others (In C. A. No. 765 of 1963; 3. S. K. Biswas (In C. A. No. 766 of 1963), Respondents.
Civil Appeals Nos. 764 to 766 of 1963.
Advocate appeared
Mr. S. V. Gupte, Addl. Solicitor General of India, (M/s. Y. Kumar and R. H. Dhebar, Advocates, with him), for Appellants (In All the Appeals); Mr. I. N. Shroff, Advocate for Respondent No. 3. (In C. A. No. 764 of 1963); M/s. M. K. Ramamurthi, R. K. Garg, S. C. Agarwal and D. P. Singh, Advocates of M/s. Ramamurthi and Co., for R
For Citation : AIR 1964 SC 1333

Headnote:Industrial Employment (Standing Orders) Act (1946) - Ss. 3, 5 - M. P. Industrial Workmen (Standing Orders) Act (19 of 1959), Ss. 2, 5 - Draft Standing Orders of Bhilai Steel Industry submitted for certification on 9-6-1960 before Certifying Officer under Central Act - certifying Officer not having jurisdiction at that time, acquiring jurisdiction of time of certifying - certification is not invalid - certification on 6-8-1962 by him is within jurisdiction - M. P. Act had no application to Bhilai Steel Industry.

       If before the actual date of certification of the draft standing orders the Officer before when they were submitted as the Certifying Officer under the Central Standing Orders Act had acquired Jurisdiction the certification by him cannot be held to be void merely because on the date when the standing orders were submitted before him he had no jurisdiction. The position in law is that the application for certification of the standing orders, though invalid at the time it was made became the officer had no jurisdiction to deal with them, became a valid application when he did acquire jurisdiction. To put the matter in another way, the application should be deemed to have been renewed immediately after the officer acquired jurisdiction in the matter and so, that jurisdiction having continued up to the date of the certification, the certification also would be with jurisdiction and binding. C. A. No. 332 of 1962, D/-21-11-1962 (SC), relied on. [Para 2

       Held that on August 6, 1962, the date of certification by the certifying officer, the Central Standing Orders Act and not the M. P. Industrial Employment Standing Orders Act applied to the Industry (Bhilai Steel Industry) in question and the certification by the Certifying Officer was not without jurisdiction, even though when the draft standing orders were submitted he had no jurisdiction. [Para 8