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SANJAY DWIVEDI
South Eastern Coalfields Ltd. – Appellant
Versus
Chief Labour Commissioner – Respondent
ORDER
1. The instant petition is pending since 2022. The pleadings are complete and with the concurrence of learned counsel for the parties, who are ready to argue it finally, the petition is heard finally.
2. By this petition filed under Article 226 of the Constitution of India, the petitioners are questioning the validity and correctness of the order dated 3.5.2017 (Annexure-P/1) and order dated 19.5.2022 (Annexure-P/2).
3. The facts in compendium are that the petitioner – South Eastern Coalfields Limited (SECL) is one of the subsidiary companies of the Coal India Limited which is under the administrative control of Ministry of Coal, Government of India. The Company has various mines in the State of Madhya Pradesh and State of Chhattisgarh.
The provisions of Industrial Employment (Standing Orders) Act, 1946 (for brevity “Act, 1946”) is applicable to the petitioner- company. The Standing Orders were made so as to govern the service conditions of the Wage Board Employees i.e. non-executive staff or workmen of SECL. The Standing Orders were certified by the Regional Labour Commissioner (Central) Bombay way back on 8.7.1991.
The certified Standing Orders do not contain any provision showi
(1) Protection of Industrial Employment (Standing Orders) Act, 1946 cannot be denied to a workman merely for reason that employer grants him other services benefits such as pension, gratuity etc. und....
A suspension order must be accompanied by a charge sheet explaining the reasons for suspension.
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.
The main legal point established in the judgment is that the amendment of Certified Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, can be justified in law if made in acc....
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