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SREENIVAS HARISH KUMAR, S. RACHAIAH
Rajashree Cement General Workers And Staff Union – Appellant
Versus
Management Of Ultratech Cement – Respondent
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
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....
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....
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....
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....
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.
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 the retirement age can be increased based on factors such as the nature of work, financial aspects, global trends, and judicial opinion, and e....
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