Hon’ble Sunil Hali, J.—Both the aforenoted writ petitions have been heard together and are being decided by a common judgment. WRIT - C No. - 67177 of 2006 is the main leading case.

2. Petitioner M/s Howkins Cookers Limited is a Public Limited Company registered under the Companies Act, 1956 and is engaged in the manufacturing of the Pressure Cookers. The order dated 6.9.2006 passed by the appellate authority under the Industrial Employment (Standing Orders) Act, 1946-cum-Presiding Officer, Industrial Tribunal (I) U.P. Allahabad (in short as the appellate authority) confirming the order passed by the Certifying Officer under the Industrial Employment (Standing Orders) Act, 1946-cum-Additional Labour Commissioner, U.P. Varanasi Region, Varanasi is subject-matter of challenge in this petition.

3. The main contention raised in this writ petition is that the certifying officer has amended approximately 60 clauses of the Certified Standing Orders, confirmed in the year 1992, without giving any reasons or deciding/adjudicating upon the questions relating to the fairness or reasonableness of the amendments sought for by the Trade Union.

4. The case set up by the petitioner is that the Draft Model Standing Orders, 1991 were published in December, 1991 and the then Certifying Officer had taken the Draft Model Standing Orders, 1991 into full consideration while certifying the Standing Orders of the petitioner’s establishment. The Certified Standing Orders of the petitioner were certified by the Certifying Officer in the year 1992 after coming to the conclusion that they were fair and reasonable and no objections were ever raised regarding any of the clauses of the said Certifying Standing Orders by the workmen of the petitioner’s establishment. The name of the petitioner’s establishment was changed from M/s PCA Engineering Limited to M/s Hawkins Cookers Limited and same was done after the manufacturer had applied for the change of the name of then establishment. The change was approved by the Certifying Officer vide its order dated 24.6.1994. It is contended by the learned counsel for the petitioner that the petitioner company has had a successful track record of industrial relations and three settlements have been arrived at between the workmen of the Jaunpur Plant of the petitioner in the years 1995, 1998 and 2002. In the recent settlement in the year 2005, 164 out of 233 workmen have entered into an agreement/settlement with the petitioner-company. All the aforementioned settlements have been duly registered under the U.P. Industrial Disputes Act, 1947. The said settlement covers specific subjects like casual leave, sick leave and National festivals holidays. All these 4 settlements also have concluding clause stating :

“For duration of this settlement the workmen agree not to raise any demand that may impose any additional cost on the Company”.

5. It came to the knowledge of the petitioner that a trade union namely, Howkins Cooker Mazdoor Union, respondent No. 3 had been registered in the year 2004 under the Trade Union Act, 1926 and affiliated with CITU. The petitioner company was not provided with the list of the members constituting the Union so as to find out its representative character in the company. After three months of its registration, the respondent Union submitted an application dated 18.8.2004 under Section 10(2) of the Act of 1946 before respondent No. 2, Certifying Officer seeking approximately 60 amendments in the Certified Standing Orders of the petitioner-company.

6. Another application was filed by the Union for withdrawing its order dated 24.6.1994 by which the name of the petitioner had been changed from Messers PCA Engineering Limited to Messers Hawkins Cookers Limited. The ground for seeking such reference was that the same was against law, illegal, unauthorised and non-maintainable. However, this application was rejected by the Certifying Officer.

7. Following principal objections were taken by the p