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august 1978

Supreme Court of India · 1978-08-28

U.P. STATE ELECTRICITY BOARD AND ORS. vs HARI SHANKER JAIN AND ORS.

Citation / case number
SC 1977/61842
Court
Supreme Court of India
Petitioner
U.P. STATE ELECTRICITY BOARD AND ORS.
Respondent
HARI SHANKER JAIN AND ORS.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that the Industrial Employment (Standing Orders) Act, 1946 is a special law governing industrial establishments, and its provisions prevail over the regulations made under the Electricity Supply Act, 1948. The Court ruled that the certified standing orders from the previous employer remain applicable even after the transfer of the electricity undertaking. Consequently, the notification issued by the Uttar Pradesh State Electricity Board regarding the age of superannuation was quashed, affirming that Section 13-B of the Industrial Employment (Standing Orders) Act applies only to government establishments.

U.P. STATE ELECTRICITY BOARD AND ORS. vs HARI SHANKER JAIN AND ORS. · Niyam