GLAXO LABORATORIES versus THE PRESIDING OFFICER, LABOUR COURT MEERUT & ORS.

GLAXO LABORATORIES versus THE PRESIDING OFFICER, LABOUR COURT MEERUT & ORS.

For imposition of penalty under Standing Orders, the alleged acts must be committed within the premises or vicinity as specified, and only enumerated misconducts attract penalty. Penal standing orders must be strictly construed and do not apply to acts outside those spatial or enumerative limits.

Parties
Appellant: Glaxo Laboratories; Respondents: The Presiding Officer, Labour Court Meerut & Ors.
Jurisdiction
India
Judgment Date
06 October 1983
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 7 May 1981 of the Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Interpretation of Certified Standing Orders, Scope of Misconduct Under Standing Orders, Penal Clauses in Employment Law
Labour Law Industrial Law Interpretation of Certified Standing Orders Scope of Misconduct Under Standing Orders Penal Clauses in Employment Law

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Parties

Glaxo Laboratories

Appellant

The Presiding Officer, Labour Court Meerut & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 7 May 1981 of the Allahabad High Court

Legal Issues

  1. 1 Whether acts of alleged misconduct committed outside the premises or vicinity of the establishment fall within clauses 10, 16, and 30 of Standing Order 22 and are punishable under Standing Order 23.
  2. 2 Whether acts of misconduct not enumerated in the Standing Orders can be punished under the catch-all provision.

Ratio Decidendi

For imposition of penalty under Standing Orders, the alleged acts must be committed within the premises or vicinity as specified, and only enumerated misconducts attract penalty. Penal standing orders must be strictly construed and do not apply to acts outside those spatial or enumerative limits.

Court Disposition

Appeal dismissed

Orders

  • No interference with the Labour Court's and High Court's interpretation of the Standing Orders.
  • Costs of Rs. 5,000 to be paid.