UNION OF INDIA & ORS. versus K. SURI BABU

UNION OF INDIA & ORS. versus K. SURI BABU

Where certified Standing Orders under the Industrial Employment (Standing Orders) Act, 1946 apply to workmen and contain provisions governing disciplinary proceedings, those Standing Orders (as special rules) prevail over the general Central Civil Services (Classification, Control and Appeal) Rules, 1965 unless the Standing Orders have been validly modified under Section 10 of the 1946 Act or specific exclusion has been made by a notification under Section 13B; NFC produced no modification or Section 13B notification, therefore disciplinary proceedings against the respondent must be governed by the certified Standing Orders and the High Court order quashing proceedings under CCA Rules was...

Parties
Appellants: Union of India & Ors.; Respondent: K. Suri Babu
Jurisdiction
India
Judgment Date
29 November 2023
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From High Court Judgment (civil Appeal No.1320/2010 and Allied)
Outcome
Appeals dismissed; High Court order dated 14.10.2008 upheld
Legal Topics
Applicability of Standing Orders V. Central Civil Services (classification, Control and Appeal) Rules, 1965, Interpretation and Effect of Section 13 B of the Industrial Employment (standing Orders) Act, 1946, Special Rules (standing Orders) Versus General Service Rules, Disciplinary Proceedings of Workmen
Service Law Industrial Employment (standing Orders) Act, 1946 Administrative Law Applicability of Standing Orders V. Central Civil Services (classification, Control and Appeal) Rules, 1965 Interpretation and Effect of Section 13 B of the Industrial Employment (standing Orders) Act, 1946 Special Rules (standing Orders) Versus General Service Rules Disciplinary Proceedings of Workmen

Case Brief

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Parties

Union of India & Ors.

Appellants

K. Suri Babu

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From High Court Judgment (civil Appeal No.1320/2010 and Allied)

Legal Issues

  1. 1 Whether disciplinary proceedings against the respondent-workman could be initiated under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 or only under the Standing Orders certified for Nuclear Fuel Complex-Hyderabad under the Industrial Employment (Standing Orders) Act, 1946
  2. 2 Whether Section 13B of the 1946 Act requires a notification to exclude applicability of the Act in favour of other rules such as CCA Rules, 1965
  3. 3 Whether appointment terms referring to CCA Rules can override certified Standing Orders

Ratio Decidendi

Where certified Standing Orders under the Industrial Employment (Standing Orders) Act, 1946 apply to workmen and contain provisions governing disciplinary proceedings, those Standing Orders (as special rules) prevail over the general Central Civil Services (Classification, Control and Appeal) Rules, 1965 unless the Standing Orders have been validly modified under Section 10 of the 1946 Act or specific exclusion has been made by a notification under Section 13B; NFC produced no modification or Section 13B notification, therefore disciplinary proceedings against the respondent must be governed by the certified Standing Orders and the High Court order quashing proceedings under CCA Rules was...

Court Disposition

Appeals dismissed; High Court order dated 14.10.2008 upheld

Orders

  • Appeals dismissed
  • Order dated 14.10.2008 of the High Court of Judicature, Andhra Pradesh at Hyderabad upheld