ORDER

G.C. Mathur, J. - The petitioner Company submitted under Section 3 of the Industrial Employment (Standing Orders) Act, draft standing orders for certification to the Certifying Officer. Objections were filed to the draft standing orders and after considering those objections the Certifying Officer amended the draft standing orders and certified them as amended. Against the order of the Certifying Officer the petitioner Company preferred an appeal. The appeal was fixed for hearing on March 26, 1970, but on that date the petitioner's representative did not appear. The Appellate Authority, accordingly, passed the following order :

"The appeal has been taken up today. The appellants are absent despite notice. The respondent workmen and the Standing Orders Officer on behalf of the Certifying Officer are present. It is already 12.40 P. M. in the day. There is no communication on behalf of the appellants.

The appeal in the absence of the appellants is dismissed in default. Inform all concerned."

On April 3, 1970, the petitioner Company made an application to the Appellate Authority for setting aside the order dismissing the appeal in default and for hearing the appeal on merits. The reason for non-appearance on the date of hearing given was that the Counsel for the Company, who had been instructed to appear, fell ill. By an order dated April 16, 1970, the Appellate Authority rejected the application on the ground that there was no provision for setting aside an ex parte order. The petitioner has challenged both these orders.

2. The contention of the learned Counsel for the petitioner is that there is no power in the Appellate Authority to dismiss an appeal in default. There is no provision either in the Act or in the Rules framed thereunder which empowers the Appellate Authority to dismiss an appeal in default. The scheme of the Act also does not contemplate the dismissal of an appeal in default. Section 3 provides for the submission of draft standing orders to the Certifying Officer. Section 4 lays down the conditions under which standing orders shall be certifiable. Section 5 provides for the certification of standing orders. Subsection (1) of Section 5 provides for the giving of the notice to the trade union of the workmen or to the workmen. Subsection (2) then provides for the giving of an opportunity of hearing to the employer and the workmen or their representative. It further provides that the Certifying Officer shall decide whether or not any modification of or addition to the draft submitted by the employer is necessary to render the draft standing orders certifiable under this Act. Sub-section (3) then provides that the Certifying Officer shall after decision under sub-section (2) certify the draft standing orders after making such modifications as he may find necessary. It is obvious that the Certifying Officer has to decide whether or not any modification of or addition to the draft submitted is necessary irrespective of the fact whether all the parties availed of the opportunity of being heard or not. The statute casts a duty upon the Certifying Officer to consider the draft standing orders on merits and to decide whether any modification or addition therein is necessary or not to render them certifiable, It is clear that the Certifying Officer cannot, even if the employer does not appear, refuse to perform his duty cast upon him by sub-sections (2) and (3) and dismiss the case in default.

3. Against the order of the Certifying Officer a right of appeal is conferred on any person aggrieved by it. Subsection (1) of Section 6 requires that the. Appellate Authority,

"shall by order in writing confirm the standing orders either in the form certified by the Certifying Officer or after amending the said standing orders by making such modifications thereof or additions thereto as it thinks necessary to render the standing orders certifiable under this Act."

Section 6 empowers the Appellate Authority to do only two things, nam