The court held that the amendments to the standing orders were valid and constitutional because they were necessary to maintain industrial peace and harmony, and they did not violate the workmen's fundamental rights.

T. N. VALLINAYAGAM, J.

( 1 ) THESE Writ Petitions are inter-connected, inasmuch as they are concerned with the standing Orders of the institutions which are common in nature and therefore they are dealt with under a common judgment.

( 2 ) W. P. 20302/1991 is filed by the workmen of the Hindustan Aeronautics limited (hereinafter referred to as HAL in brevity) praying to quash the order dated august 5, 1991 bearing No. IE- 5/5/6/85/ls-l passed by the second respondent appellate authority, namely, the Joint Chief Labour commissioner, Government of India.

( 3 ) W. P. 12533/1992 is by the workmen of Indian Telephone Industries (hereinafter referred to as ITI in brevity), wherein the prayer is to quash the order dated August 6, 1991 bearing No. IE-5/4/861ls-1 passed by the very same second appellate authority, namely, the Joint Chief Labour Commissioner.

( 4 ) W. P. 12787/1992 is filed by the management of HAL seeking to quash the order of the same Joint Chief Labour commissioner dated August 5, 1991 in No. IE-5/6/86/ls-1.

( 5 ) IN the I. T. Industries, the word 'wife' in the Standing Order under Clause 23 (B) has been replaced by the word 'spouse' to mean both men and women workers. The other clauses becoming an office bearer of a political party or organisation has been curtailed are permitted with the permission of the authorities and the modification suggested by the appellate authority was more in the form of check and balance for both the workers and the management. This amendment is opposed by both the workmen and the management in HAL industries and by the workmen in the I. T. Industries with reference to the clause relating to the maintenance of the wife.

( 6 ) THE complaint of the petitioner in WP 20302/1991 was that they are aggrieved by the order of the Joint Chief Labour Commissioner. They were workmen employed in the HAL who were governed by the then existing Act, namely, the Mysore Labour Act, 1940 and later industrial Employment (Standing Orders) Act, 1946. The Standing Orders defining disciplinary rules have been enforced at bangalore since the date of commencement of the factory in the year 1940. The original standing Orders were registered under the provisions of the then existing Mysore Labour act, 1940.

( 7 ) THE original Standing Orders were registered under the provisions of the then existing Mysore Labour Act, 1940. After the enactment of Part B States Laws Act, the industrial Employment (Standing Orders) Act and Industrial Disputes Act 1947 and such other central Laws came to be enforced. As such the standing Orders of the HAL establishments came to be certified under the provisions of the industrial Employment (Standing Orders) Act, 1946. The said Standing Orders have been amended on 2 or 3 occasions at the instance of the parties. But clauses enumerating misconduct have remained practically the same over the years. It is claimed that suddenly by memo dated May 14, 1985 HAL sought certain amendments to the Standing Orders Clause 25 defining misconduct. In substance, the management wanted political activity or such actions of the workmen to be treated as misconduct. This amendment meant a radical departure in the concept of misconduct. The workmen being citizens are entitled to all civil rights like other citizens. The Standing Order proposed meant a serious invasion into the civic rights of the workmen. The petitioner union therefore filed objections to the proposed amendment. On such objections, the Regional labour Commissioner, as certifying officer under the Industrial Employment (Standing orders) Act, 1946 heard the parties and passed an order on June 30, 1986 modifying the proposals of the management. However, aggrieved by such notification the workmen preferred an appeal to the second respondent. The management also preferred an appeal. The appellate authority passed the impugned order on the appeal incorporating certain amendments to the existing Standing Orders as in No. 25 of the Standing Orders of

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