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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSIMRAN SINGH SETHI
Sunbeam Light Weighting Solutions Pvt. Ltd. – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. legal challenge to the standing order. (Para 1 , 2) |
| 2. arguments regarding workmen's consultation. (Para 6 , 7) |
| 3. court's findings on representation validity. (Para 10 , 12) |
| 4. the appellate order set aside. (Para 14) |
JUDGMENT :
1. In the present petition, the challenge is to the order dated 20.09.2022 (Annexure P-17) passed by the Appellate Authority envisaged under the Industrial Employment (Standing Orders) Act, 1946 by which the certified standing order dated 28.01.2021 (Annexure P-7) which was framed by the petitioner-Company has been set-aside on the ground that the same has been framed without giving any opportunity to the workmen as there was nothing on record to show that the representative who had consented to the Certifying Authority qua the standing order were actually the representative of the Trade Union, especially when the said standing order is causing prejudice to the workmen concerned.
3. Keeping in view the said factum, the standing order was confirmed by the authority concerned but against the order dated 28.01.2021, an appeal was preferred by one Manoj Kumar being the General Secretary of the respondent-workmen-Union on 02.09.2021.
5. Learned coun
Consultation with workmen prior to certifying standing orders is necessary; lack of individual representation does not invalidate group consent.
The dismissal of an appeal based on the alleged lack of authority of the representative was unjustified, necessitating a decision on the merits of the proposed amendment to the standing orders.
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....
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....
The court emphasized that a party to a settlement should not be allowed to question the locus standi of another party at the stage of implementation.
Age of Retirement – Clause 17(7)(iii) of Standing Orders of ITI Limited only enables company to continue any employee in service till he or she attains age of 60 years subject to medical fitness at e....
Agreements on retirement age must be binding and cannot be selectively questioned; interim relief extending employment beyond retirement age is generally inadvisable.
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