BAGALKOT CEMENT COMPANY LIMITED Vs. B K PATHAN

JUDGEMENT

(1.) This appeal by special leave raises a short question about the scope and effect of Cl. 5 in the Schedule to the Industrial Employment (Standing Orders) Act. 1946 (20 of 1946) (hereinafter called the Act). That question arises in this way. The appellant Bagalkot Cement Co. Ltd. is a Limited C Company registered under the Indian Companies Act, 1913 it carries on the business Or manufacturing cement and for that purpose, it owns a factory as well as a limestone Quarry at Bagalkot in the State of Mysore. As required by S. 3 of the Act, the appellant submitted draft Standing Orders on the 3rd Marsh 1958 to the Certifying Officer and the Regional Labour Commissioner (Central), Madras, in order that they should be certified. The Certifying Officer considered to draft submitted by the appellant, heard the appellant and its employees, the respondents and passed an order of certification on the 16th June, 1959. While considering the draft for the purpose of certification, the Certifying Officer, however, made certain amendments in, and additions to, the said draft. Amongst the additions made, clause (7) in paragraph 11 was one and it is with this addition made by the Certifying Officer that we are concerned in the present appeal.

(2.) Paragraph 11 of the draft Standing Orders submitted by the appellant dealt with the question of leave. Paragraph 11(1) of the draft provided that holidays with pay will be allowed as provided for in the Factories Act, 1948, and other holidays in accordance with law and contract. Clauses (2) to (6) dealt with allied matters. In the Standing Orders as they were finally certified, cl. (1) of paragraph it was slightly changed and it provided that holidays will pay will be allowed as provided for in the Mines Act. No grievance is made of this alteration Clause (7) has been added to paragraph 1l. It reads thus :

(3.) Against the order passed by the Certifying Officer Certifying the Standing Orders with the additions and amendments made by him, the appellant preferred an appeal under S. 6 of the Act to the appellate authority viz. the Chief Labour Commissioner (Central, New Delhi, on the 5th July, 1959. The appellate authority, in substance, agreed with the view taken by the Certifying Officer and retained the addition made by him by the insertion of clause (7) to paragraph 11. He, however, made slight modifications by directing that in clause (a) there will be seven festival holidays instead of ten festival holidays and in clause (b) there will be ten days, casual leave instead of fifteen days. Clause (d) was amended by the appellate authority by substituting a new clause in its place. The substituted clause reads thus :