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1961 Supreme(P&H) 27

GROVER
Trustees Of "tribune" – Appellant
Versus
Industrial Tribunal – Respondent


Judgment

Grover, J.

1. This is a petition under Articles 226 and 227 of the Constitution of India for quashing of the order of the Industrial Tribunal, Patiala, made on 26 October 1960, declining to grant approval of the order of the general manager of "tribune" dated 7 July 1960, dismissing Om Parkash respondent 2, who was working as a copyholder.

2. Respondent 2 was appointed a copyholder some time in the year 1952 and on 27 May 1960 he was working as a copyholder in the job section of the press. It is common ground that be belonged to the clerical staff and was governed by the standing orders for clerical workmen (annexure B) which had been certified under the Industrial Employment (Standing Orders) Act, 1946 . Certain incidents happened on the morning of that day. It appears that the general manager had passed an order prohibiting the entry of press workers into the Tribune premises before ten minutes of the commencement of their duty hours. Om Parkash, who was not a press worker but, as stated before, belonged to the clerical staff, is said to have reached the outer gate at 9-40 a. m. and, according to the management, he made an entry in defiance of the order which had been mad














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