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february 1960

Supreme Court of India · 1960-02-11

THE ASSOCIATED CEMENT COMPANY LTD. vs SHRI P. D. VYAS AND OTHERS.

Citation / case number
SC 1958/40
Court
Supreme Court of India
Petitioner
THE ASSOCIATED CEMENT COMPANY LTD.
Respondent
SHRI P. D. VYAS AND OTHERS.
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court ruled that under Section 4 of the Industrial Employment (Standing Orders) Act, 1946, the certifying officer is not permitted to adjudicate on the fairness or reasonableness of standing orders but must ensure conformity with model standing orders where practicable, as per Section 3(2). The Court held that modifications made by the certifying officer were valid as they were necessary for compliance with model standing orders, distinguishing between fairness and practicability. The decision in Electric Workers’ Union v. The U. P. Electric Supply Co. was disapproved, while Jiwan Mal & Co. v. Secretary, Kanpur Loha Mills Karmachari Union and Mysore Kirloskar Employees’ Association v. Industrial Tribunal were approved.

THE ASSOCIATED CEMENT COMPANY LTD. vs SHRI P. D. VYAS AND OTHERS. · Niyam