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1962 Supreme(Cal) 41

BANERJEE
Motor And Machinery Manufacturers Ltd – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates appeared:
A.K. Dutt, S.A. Masud.

JUDGMENT

1. THE petitioner company is a factory, within the meaning of the Factories Act, 1948. The service conditions of the workmen, employed in the factory of the petitioner company, are governed by a set of Standing Orders, certified under the Industrial Employment (Standing Orders) Act, 1946 from which three relevant clauses are set out below:-"clause 3. Acceptance of Standing Orders. All workmen engaged in the factory are subject to the following conditions of service and shall be deemed to have accepted them on accepting employment. Clause 8. Manner of Notification of Periods of Hours of Work. The periods of hours of work for a worker shall be displayed at the Time-keeper's office and shall be as the management from time to time decide, after notifying the workers or the Union of the proposed change and considering the objections, if any, preferred by the workers or the Union. Clause 9. Manner of Notification of Holidays and Pay-Days. Notices specifying (a) those days to be observed as holidays with or without pay, (b) Pay days as required by the Factories Act and Payment of Wages Act shall be displayed at the Time-keeper's Office. "

2. THE workmen in the petitioners' factor


















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