THE BAGALKOT CEMENT CO. LTD. versus R. K. PATHAN & ORS

THE BAGALKOT CEMENT CO. LTD. versus R. K. PATHAN & ORS

The Certifying Officer and the Appellate Authority can specify the quantum of leave and holidays in certified standing orders under clause 5 of the Schedule to the Industrial Employment (Standing Orders) Act, 1946, as the word 'conditions' must be interpreted broadly to fulfill the Act's purpose of making employment terms definite and statutory.

Parties
Appellant: The Bagalkot Cement Co. Ltd.; Respondents: R. K. Pathan & Ors.
Jurisdiction
India
Judgment Date
22 January 1962
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Order Dated October 15, 1959, of the Appellate Authority (chief Labour Commissioner)
Outcome
Appeal dismissed
Legal Topics
Standing Orders, Certification of Standing Orders, Powers of Certifying Officer, Quantum of Leave and Holidays, Interpretation of Statutes
Labour Law Industrial Law Standing Orders Certification of Standing Orders Powers of Certifying Officer Quantum of Leave and Holidays Interpretation of Statutes

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Parties

The Bagalkot Cement Co. Ltd.

Appellant

R. K. Pathan & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Order Dated October 15, 1959, of the Appellate Authority (chief Labour Commissioner)

Legal Issues

  1. 1 Whether the Certifying Officer or the Appellate Authority has jurisdiction under the Industrial Employment (Standing Orders) Act, 1946 to fix the quantum of leave and holidays in certified standing orders.

Ratio Decidendi

The Certifying Officer and the Appellate Authority can specify the quantum of leave and holidays in certified standing orders under clause 5 of the Schedule to the Industrial Employment (Standing Orders) Act, 1946, as the word 'conditions' must be interpreted broadly to fulfill the Act's purpose of making employment terms definite and statutory.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs.