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2022 Supreme(Kar) 1141

SREENIVAS HARISH KUMAR, S. RACHAIAH
Rajashree Cement General Workers And Staff Union – Appellant
Versus
Management Of Ultratech Cement – Respondent


Advocates appeared:
P.Vilaskumar, Advocate, Nitesh Padiyal, Advocate, Siddaram B.Wadi, Advocate, Pradeep S.Sawkar, Advocate, S.R.Kamalcharan, Advocate, A.M.Patil Kolkur, Advocate, Viranagouda M.Biradar, Advocate

JUDGMENT

SREEN IVAS HARISH KUMAR,J. - The order dtd. 16/3/2021 in Writ Petition No. 204077/2018 is assailed in this Writ Appeal. The appellant is the Trade Union of the Workers of the first respondent company which is involved in manufacture of cement. The second respondent is the Additional Labour Commissioner.

2. The factual background for this writ appeal being filed is as follows :

    There are about 278 workmen in the skilled and unskilled category working in the first respondent industrial unit. The first respondent and the appellant used to enter into bi-partite settlements for regulating the service conditions of the workmen . Industrial establishmen ts may adopt Model Standing Orders ('MSO' for short) issued by Government o f Karnataka or it may have its own Standing Orders certified by the Certifying Officer in accordance with the provisions of Industrial Employment (Standing Orders) Act, 1946 (for short 'the Act'). The first respondent had its own Standing Orders certified by the Certi fying Of ficer. The earlier settlement between the appellant and the first respondent which had been certified by the Certifying Officer prescribed 55 years as the age of retirement of the wor

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