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1968 (9) TMI 115 - SC - Indian LawsWhether the Standing orders submitted for certification conformed to the Model Standing orders or not? Held that:- Items 5 and 6 are both modifications in Standing Order 11 (vii). In each of these cases, the order passed by the Chief Labour Commissioner now impugned shows that he did not rely on any fresh facts, material or circumstances which were not available at the earlier stage when the Standing Orders were first certified or first modified. In effect, therefore, the present order amounts to passing orders, different from earlier orders passed by the Appellate Authority, on a reconsideration of the same material which was available to both the Authorities. In fact, the modification at item No. 1 in Standing Order 9(a) had been specifically disallowed in appeal by the Chief Labour Commissioner in his order dated 12th February, 1963, when he first heard the appeal under s. 6 and confirmed the certification of the original Standing Orders. Thus, in respect of item No. 1, what the present Chief Labour Commissioner has done is to permit the modification because he considered it reasonable and fair, even though, on the same material, his predecessor had disallowed this very modification on the basis that, in his opinion, the original. draft Standing Order was fair and reasonable. On the principle enunciated above, it is clear that the order of the Chief Labour Commissioner, allowing all these four modifications, which is not based on any fresh facts, material or circumstances, is liable to be set aside. As a result, I would partly allow the appeal and set aside the order of the Chief Labour Commissioner (Central), permitting modifications mentioned by him in his Order at item Nos. 1, 3, 5 and 6 relating to Standing Orders 9(a), 12(A) and Il(vii)
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