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ROHINTON FALI NARIMAN, K. M. JOSEPH, B. R. GAVAI
Bank Employees Union – Appellant
Versus
Rajarshi Shahu Govt. Servants Co-Operative Bank Ltd. , Kolhapur – Respondent
JUDGMENT :
R.F.NARIMAN, J.
1. Leave granted.
2. The short question that arises in this appeal is as to whether the appellant – Registered Trade Union -had locus to prefer an application to modify a standing order that applies to the employees of the respondent under Section 38(2) of The Maharashtra Industrial Relations Act, 1946. The brief facts necessary in order to dispose of this appeal are as follows :
The original standing order with which we are concerned, and which stated the age of retirement of the employees of the bank, reads as follows :-
3. By two Agreements dated 11.01.2004 and 21.02.2010 which were settlements under Section 18(1) of the Industrial Disputes Act entered into between the respondent and its employees, it was agreed vide Clause 16 of the 2004 settlement and Clause 15 of the 2010 settlement that the retirement age would now be 58 years. A reference was made under Section 73A of The Bombay Industrial Relations Act (as it was then styled) to the Industrial Court, which t
The court emphasized that a party to a settlement should not be allowed to question the locus standi of another party at the stage of implementation.
Point of Law : Under the Industrial Disputes Act, a settlement has been defined as a settlement which is arrived at during a conciliation proceeding and it also includes a written agreement arrived a....
Agreements on retirement age must be binding and cannot be selectively questioned; interim relief extending employment beyond retirement age is generally inadvisable.
The main legal point established in the judgment is that settlements between the employer and the trade union have binding nature, and subsequent amendments to the Model Standing Orders cannot be use....
The main legal point established in the judgment is that the amendment of Certified Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, can be justified in law if made in acc....
Each industrial establishment of a Company can have different Certified Standing Orders and different ages of retirement. On amalgamation, the CSOs applicable to each industrial establishment continu....
Section 10 of IESO Act is reproduced hereunder for Duration and modification of standing orders.
Chapter IVA contained Section 41A to 41H of the Factories Act, 1948 deals with ‘Provisions relating to Hazardous Process’, these provisions deal with the manner of setting up of a factory dealing wit....
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