CiteTEXT
...did not have five years' experience in the field of Labour Laws as Labour Inspector or Deputy Chief Inspector of Shops or Wage Inspector. He was a Statistical Officer for about six years and thereafter..., therefore, be legitimately appointed to the post of Labour-cum-Conciliation Officer unless, amongst other things he possessed five years' experience in the working of Labour Laws as Labour Inspector...gained by him in the working of Labour Laws in the post of Labour-cum-Conciliation Officer must be regarded as sufficient to constitute fulfilment of the requirement of five years' experience provided in...
...model standing orders are in the opinion of the certifying officer less advantageous to them than the corresponding standing orders applicable to them under the said proviso also apply in relation to such...employer or any workman employed therein may submit to the certifying officer… draft amendments for adoption in such industrial establishment.”The proviso to Sub-sec. (1) makes it clear...certifying officer is required to forward a copy of the draft amendments to all concerned and to give them the opportunity of being heard. He has to decide whether or not any modification of the draft is...
...other from the Certifying Officer for Standing Orders and Labour Commissioner to the General Secretary of the Employees Union that the Board and the workmen considered the certified Standing Orders of...amended in 1956 and as it now stands, requires every employer of an industrial establishment as defined in the Act to submit to the Certifying Officer draft Standing Orders, that is, “Rules relating to...Orders. On receipt of the draft Standing Orders from the employee, the Certifying Officer is required to forward a copy of the same to the trade union concerned or the workmen inviting them to prefer...
...quashing the impugned order of the Certifying Officer dated October 11, 1984 and the impugned order of the Appellate Authority dated May 4, 1987. The Union which had initiated the proceedings for...3 to submit to the Certifying Officer draft Standing Orders proposed by him for adoption in his industrial establishment. Sub-section (2) of Section 3 lays down that in such draft Standing Orders...industrial establishment and (b) the Standing Orders are otherwise in conformity with the provisions of the Act. It further casts a duty on the Certifying Officer or Appellate Authority to adjudicate...
...Certifying Officer who is required to make an enquiry whether they have been framed in accordance with the Act and on being satisfied that they are in consonance with the provisions of the Act, to certify...the manner indicated by the Act which also sets out the Model Standing Orders. Originally, the jurisdiction of the Certifying Officer was limited to examining the Draft Standing Orders and comparing...them with the Model Standing Orders. But in 1956, the Act was radically amended and Section 4 gave jurisdiction to the Certifying Officer, as also the appellate authority, to adjudicate and decide the...
...; they are the State of U.P, Certifying Officer for Standing Orders and Labour Commissioner, U.P, Kanpur, and three representatives of the employees respectively. At the hearing before us, the employees...employees and submitted the same to the Certifying Officer on 24th December, 1959, for certification. At that time, the workmen employed by the appellant had not formed any Union, and so, the Labour..., the said draft Standing Orders were submitted to the Certifying Officer on the basis that they had been agreed to by the appellant and its workmen.3. The Certifying Officer...
...submitted Draft Standing Orders to the Certifying Officer for certification under the Industrial Employment (Standing Orders) Act, 1946 (for short “the Act”) which were intended to be applicable to the...Marketing Division, Western Region, including its Head Office at Bombay. On receipt of the Draft Standing Orders, the Certifying Officer issued notices to various employees' unions and after following the...certified by the Certifying Officer, related to the representation of an employee in the disciplinary proceedings. The result was that the provision relating to the representation of an employee during...
...would not have intended to confer such large powers on the certifying officer and the appellate authority, this is a matter completely in the wisdom of the Legislature. The frequency with which laws relating to ...is the certifying officer under the Act, certified the rules and they became “standing orders”. In 1957, the Management considered it desirable to make certain minor changes to these standing orders...and applied for their modification in certain respects. The National Press Employees' Union took advantage of this occasion and moved the certifying officer to amend para 45 so as to read as follows...
...Company to the certifying officer under Section 4 of the Act were certified by him on 7/8-8-1962, after deciding objections that had been filed on behalf of the workmen. In appeal, the Chief Labour...otherwise in conformity with the provisions of the Act. The section further provides that it shall be the function of the certifying officer or the Appellate Authority to adjudicate upon the fairness or...reasonableness of the provisions of the Standing Orders. Section 6 provides that any person aggrieved by the order of the certifying officer passed under Section 5(2) may appeal to the Appellate...
...the Regional Labour Commissioner (Central), Madras, in order that they should be certified. The Certifying Officer considered
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the draft...submitted by employer-Power of Certifying Officer and Appellate Authority-If can fix quantum of leave and holidays-Indussrial Employrnent (Standing orders) Act, 1946 (20 of 1946), as amended by Amending...(Standing Orders) Act, 1946, to the Certifying Officer. The Certifying Officer in certifying the said draft added a clause to paragraph 11 of the said draft which provided, inter alia, for certain festival...
...to the Certifying Officer Draft Standing Orders, that is, ‘Rules relating to matters set out in the Schedule’, proposed by him for adoption in his industrial establishment. This is mandatory. It has...upon between the parties’ as a matter requiring to be provided in the Standing Orders. On receipt of the Draft Standing Orders from the employee, the Certifying Officer is required to forward a copy of...the same to the trade union concerned or the workmen inviting them to prefer objections, if any. Thereafter the Certifying Officer is required to give a hearing to the employer and the trade union or...
....10. Every industrial establishment to which the Act applies is under a statutory obligation to draw up and submit to the Certifying Officer five copies of the draft standing...orders for adoption in the industrial establishment (Section 3). Section 5 requires the Certifying Officer to forward the copy of the draft standing order to the trade union, if any, of the workmen...(2) of Section 5 requires the Certifying Officer to decide after hearing the representatives of the employer and the trade union or the workmen: whether or not any modification of or addition to the...
...submitted draft Standing Orders defining the conditions of employment of its employees. On July 14, 1951, these Orders were certified by the Certifying Officer. Clause 32 of the Standing Orders was in the...company in special cases.”4. The workmen through the Bijli Mazdoor Sangh preferred an appeal under Section 6 of the Act from the order of the Certifying Officer...retirement age at 60 years. On September 20, 1960, the Union also filed a writ petition in the Allahabad High Court for quashing the award. On April 22, 1961, the Certifying Officer modified clause 32...
...Certifying Officer is irrespective of whether the workmen filed objection or not, required to apply his own mind and, with his knowledge of the prevailing conditions of labour in similar concerns decide upon...These three petitions under Art. 226 of the Constitution have been heard together, as they arise out of a common order of the Presiding Officer, Labour Court, Coimbatore, which is...business as textile mills. As required by S. 3 (1) of the Act, each of them submitted to the Certifying Officer Draft Standing Orders for adoption in the industrial establishment concerned. After...
...P.N Bhagwati, J.— This is a writ petition brought by way of public interest litigation in order to ensure observance of the provisions of various labour laws in relation to...authority because it is not the purpose of this writ petition to find fault with any particular authority for not observing the labour laws in relation to the workmen employed in the projects which are...being executed by it, but to ensure that in future the labour laws are implemented and the rights of the workers under the labour laws are not violated. These various authorities to whom the execution...
...conditions of employment under them and to make the said conditions known to workmen employed by them. By Section 3, a duty was cast on the employer governed by the Act to submit to the Certifying Officer...draft standing orders proposed by him for adoption in his industrial establishment. After going through the procedure prescribed in the Act, the Certifying Officer has to certify the draft standing...orders. Section 8 requires the Certifying Officer to keep a copy of standing orders as finally certified under the Act in a register to be maintained for the purpose. Sub-section (2) of Section 13...
...16.03.2018 passed by Presiding Officer Industrial Tribunal/Labour Court, Haldwani, District Nainital, whereby petitioners appeal against the order of Certifying Officer was dismissed..., the order passed by Certifying Officer as well as the Labour Court (Appellate Authority) are liable to be set aside and hereby set aside. The writ petition is allowed. The matter is remitted back to...Article 227 of Constitution of India against the order dated 30.04.2013 passed by Certifying Officer under Industrial Employment...
...Orders) Act, 1946 before the jurisdictional Deputy Labour Commissionezr, who has been notified as the certifying officer under the Act. The same was certified in accordance with the procedure...also a certifying officer, but nothing is mentioned in Ext. P2 notice or Ext. P5 as to why the Labour Commissioner himself took upon himself the task of issuing Ext. P2 notice and passing Ext. P5 order.... The Act does not contemplate any powers on the Labour Commissioner to suo motu review or cancel the certification made by the jurisdictional certifying officer. Further the respondent himself was...
...the Officer certifying the Standing Order is directed to adjudicate upon “the fairness or reasonableness” of the provisions of the Standing Order. The Certifying Officer is the statutory representative...of the society. It seems to us that while adjudging the fairness or reasonableness of any Standing Order, the Certifying Officer should consider and weigh the social interest in the claims of the...employer and the social interest in the demands of the workmen. Section 10 provides the mode of modifying the Standing Orders The employer or the workman may apply to the Certifying Officer in the...
...employees, began with the application made by the appellant on 6th October, 1960, before the Certifying Officer, Madras, for the amendment of the certified Standing Orders to which we have just...Standing Orders on the lines indicated by it in its application to the Certifying Officer. It appears that these Rules were introduced by the appellant on 1st October, 1960, and were embodied in the...introduce discrimination between one set of employees and another working under the same employer, and that would naturally cause industrial unrest and disharmony. The Certifying Officer upheld the pleas...