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1968 Supreme(SC) 271

J.M.SHELAT, V.BHARGAVA, C.A.VAIDIALINGAM
Management, Shahdara (Delhi) Saharanpur Light Railway Company LTD. – Appellant
Versus
S. S. Railway Workers Union – Respondent


Advocates:
ANIL GUPTA, B.PARTHASARTHY, H.R.GOKHALE, J.B.DADACHAN, O.C.MATHUR, R.K.GARG, Ravindra Narayan, S.C.AGRAWAL

Judgment

SHELAT, J. (for himself and Vaidialingam J.):- This appeal, by special leave, is by the employer and raises the question as to the scope of Section 10(2) of the Industrial Employment (Standing Orders) Act, 20 of 1946, as amended by Act 36 of 1956 (referred to hereinafter as the Act.)

2. The Standing Orders of the Appellant-company were certified on August 7, 1962 by the Regional Labour Commissioner, Central, under Section 4 of the Act. Both the company and the workmen filed appeals against the said order which were disposed of by the Appellate Authority under Section 6. Sometime thereafter the respondent-union applied for certain modifications, some of which were certified by the Regional Labour Commissioner by his order dated December 28, 1963. The Appellant-company filed an appeal against the said order which was disposed of by the Chief Labour Commissioner in April 1964. On April, 25, 1965 the respondent union made a further application for modifications. The Regional Labour Commissioner by his order dated September 2, 1965 allowed certain modifications but rejected the rest. The union thereupon appealed against the said order. After hearing the parties the Chief Labour























































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