9911796707
TMI Blog1997 (7) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... g rise to this appeal are that petitioner No. 1, Mecon Executive Association, is the association of executives employed in Metallurgical Engg. Consultants (India) Ltd. (appellant). Petitioners 2 to 113 (who are now respondents) are the executives. They challenged order dated 28-11-1985, passed by the Chief Engineer of appellant, Metallurgical Engg. Consultants (India) Ltd. (the company) effecting change in office timings for all executives working in Bhilai Site Office of the company. The appellant-company is registered company under the Companies Act, 1956, having its registered office at Ranchi in the State of Bihar. The appellant-company is doing the business of design and consultancy services mainly to steel plants and other like ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s return pointed out that, according to the terms of appointment, the employees are bound by the rules of the company in force from time to time and as per rule 3.1 of Establishment Manual, Chapter 3 (Annexure R1), working hours in any office shall be such as are notified by the company from time to time. It is also pointed out that working hours in different site offices of the company, namely, Hyderabad, Vizag, Gurgaon and Bhamnipal are 48 hours per week. The company refuted the allegation that the amendment in service conditions of the employees of the company cannot be made without giving them opportunity of hearing in person, or any change in service conditions requires approval of the Ministry of Steel and Mines. The appellant-company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The learned single Judge held that no material was placed before the Court to show that the resolution was accepted in the Board meeting and subsequently, it was approved by the board of directors. Hence, the learned single Judge quashed the order passed by the Chief Engineer and allowed the petition. 5. Aggrieved by order passed by the learned single Judge, the present appeal has been filed by the company and an application under order 41 rule 27 read with section 151 of the Code of Civil Procedure, 1908, has also been filed praying for taking on record the original order of the chairman- cum-managing director dated 25-11-1985 and minutes of the board of directors meeting dated 10/13-3-1986. The minutes records : "RESOLVED that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een brought to our notice; therefore, it cannot be said that the determination of working hours is a part of the service conditions. There Lordships of the Supreme Court in the case of Oil Natural Gas Commission v. Workmen AIR 1973 SC 968 have held thus : "But where there is nothing to show that it was a condition of service that an employee would work 6 hours only nor is there anything to that effect in the appointment letter of the employee, then section 9A would not be applicable. The mere fact that while the workshop was under completion and there was not enough accommodation for the office/administrative staff in the workshop building, they were accommodated in another building and worked there along with other clerks for only ..... X X X X Extracts X X X X X X X X Extracts X X X X
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