GHAZIABAD ENGINEERING CO. (P) LTD. versus CERTIFYING OFFICER, KANPUR AND ANR.

GHAZIABAD ENGINEERING CO. (P) LTD. versus CERTIFYING OFFICER, KANPUR AND ANR.

The modification granting six days of paid casual leave was fair and reasonable and within the certifying officer's jurisdiction. Questions of fact cannot be re-examined under Article 136. There is no statutory contravention or gross unfairness warranting interference.

Source-derived case information.

Parties
Appellant: Ghaziabad Engineering Co. (P) Ltd.; Respondent: Certifying Officer, Kanpur; Respondent: Appellate Authority (Industrial Tribunal), Allahabad
Jurisdiction
India
Judgment Date
13 January 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed without costs.
Legal Topics
Casual Leave, Standing Orders, Article 136 Jurisdiction, Factories Act, 1948 Section 79(1)
Labour Law Constitutional Law Casual Leave Standing Orders Article 136 Jurisdiction Factories Act, 1948 Section 79(1)

Source-derived case record

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Parties

Ghaziabad Engineering Co. (P) Ltd.

Appellant

Certifying Officer, Kanpur

Respondent

Appellate Authority (Industrial Tribunal), Allahabad

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether modification of Standing Orders granting six days paid casual leave was illegally made by the certifying officer
  2. 2 Whether Supreme Court can interfere on questions of fact under Article 136
  3. 3 Concept and nature of casual leave under statutory regime

Ratio Decidendi

The modification granting six days of paid casual leave was fair and reasonable and within the certifying officer's jurisdiction. Questions of fact cannot be re-examined under Article 136. There is no statutory contravention or gross unfairness warranting interference.

Court Disposition

Appeal dismissed without costs.

Orders

  • Appeal dismissed.