PATNA ELECTRIC SUPPLY WORKERS UNION Vs. A HASSAN

JUDGEMENT

(1.) This application, under Articles 226 and 227 of the Constitution has been presented by the petitioner Patna Electric Supply Workers Union for an appropriate writ to call up and quash the order dated the 20th March, 1956, which is Annexure 'C' to its affidavit, of the Opposite Party 1, who is the Appellate Authority under Industrial Employment (Standing Orders) Act, 1946 (Act XX of 1946), which will hereafter be referred to as "the Act."

(2.) On the above application, a rule was issued by this Court against the opposite party to show cause why the just mentioned order of Opposite party 1, purported to have been passed obviously in exercise of his inherent powers, as no section of the Act is mentioned therein, should not be quashed. Cause has been shown against this rule by Mr. Ray Paras Nath, Government Pleader, on behalf of Opposite Party 1, and by Mr. K.D. Chatterji, on behalf of Opposite Party 2. The Patna Electric Supply Company Ltd., Opposite Party 2, has also filed a counter affidavit in reply to the affidavit of the petitioner, and, along with, it has filed also a copy of the order dated the 23rd February, 1956, passed by Opposite Party 1 under S. 6 (1) of the Act, which is Annexure 'B' to its counter affidavit.

(3.) The petitioners' case is that Opposite Party 2 submitted to the Certifying Officer under the Act, a draft of the existing Standing Orders for modification under Section 10 (2) of the Act. The Certifying Officer, acting under Section 5 of the Act, certified the aforesaid draft on the 24th January, 1955, and as required by section 5 (3) of the Act, the Certifying Officer sent copies of the Certified Standing Orders to the parties concerned.