Certified standing orders
jagadish paranjape
(Querist) 03 May 2017
This query is : Resolved
The certifying officer under Industrial employment (Standing orders) Act 1946 certified the amendments to model standing orders after following procedure.The same was not challenged by union or workmen.
The same certifying officer cancelled the certification and directed the management to follow model standing orders.
Did certifying officer have power to cancel his order?
where does the remedy lie?writ petition or an Appeal to Industrial court?
Kumar Doab
(Expert) 03 May 2017
Once certified it became final.
The CO himself being certifying officer had NO jurisdiction to cancel his earlier order.
Once certified the option left is to affirm, modify or amend in appeal.
Probably NO appeal was filed per S.13A
Probably there was NO earlier adjudication also.
The reasons mentioned by CO are sustainable or not!
Kumar Doab
(Expert) 03 May 2017
It is felt that writ lies.
I am sending you two links.
You may pick up relevant points and decide as per details and full facts of the matter.
Kumar Doab
(Expert) 04 May 2017
Thanks for agreeing Mr. Rajendra K Goyal.