9911796707
|
Home
Issues:
Jurisdiction of Certifying Officer under Central Standing Orders Act vs. Madhya Pradesh Industrial Workmen (Standing Orders) Act, 1959. Detailed Analysis: The judgment revolves around three appeals challenging an order of the Industrial Court, Madhya Pradesh, regarding the certification of draft standing orders by the Certifying Officer under the Central Standing Orders Act. The issue arose when objections were raised by Unions, contending that the Certifying Officer lacked jurisdiction as the Madhya Pradesh Industrial Workmen (Standing Orders) Act, 1959 applied to the industry. The Industrial Court held in favor of the Unions, setting aside the certification order as void due to lack of jurisdiction. The key legal question addressed was whether the Certifying Officer had acquired jurisdiction under the Central Standing Orders Act before certifying the standing orders on August 6, 1962. The Court examined the applicability of the Central Act and the Madhya Pradesh Act to the Bhilai Steel Industry. It was established that the Central Standing Orders Act applied to the industry from December 31, 1960, until the Madhya Pradesh Act XXVI of 1961 came into force, which was later amended in 1962 to exclude industries under the control of the Central Government. The Court rejected the Industrial Court's reasoning that the 1947 Act continued to apply based on the Madhya Pradesh General Clauses Act, emphasizing that the repeal of the 1947 Act by the 1959 Act rendered the previous notification ineffective. The judgment clarified that the Certifying Officer had indeed acquired jurisdiction before certifying the standing orders, thereby upholding the certification under the Central Standing Orders Act. In conclusion, the Court allowed the appeals, setting aside the Industrial Court's order, and directed a rehearing of the objections raised by the Unions. The parties were ordered to bear their own costs in the Supreme Court, considering the special circumstances of the case.
|
