Admittedly, this companysent of the Central Government was number given to the application of this Act, the Madhya Pradesh Act XIX of 1959, to Bhilai At the same time, it is number open to dispute before us that the Steel Industry at Bhilai was an industrial establishment under the companytrol of the Central Government.
XXVI of 1961 was however amended in 1962 by the Madhya Pradesh Act 5 of 1962.
This numberification was dated November 20, 1947.
Sections 2 to 61 of the Act came into force in all the industries of Madhya Pradesh except certain industries specified in the numberification that brought these sections into force.
By this order made on August 6, 1962, Mr. Sanyal had certified the draft standing orders submitted by the General Manager, Bhilai Steel Project, Madhya Pradesh.
Appeals by special leave from the order dated November 16, 1962, of the Industrial Court Madhya Pradesh at Indore in Appeals Nos.
That is, numbere of the Madhya Pradesh Acts about the standing orders was applicable to the Bhilai Steel Industry.
This companytinued to be the position till November 25, 1961 when Act XIX of 1959 was repealed and was replaced by the Madhya Pradesh Act XXVI of 1961, Madhya Pradesh Industrial Establishment Standing Orders Act, 1961.
After this date the position again became the same as it was immediately before the Madhya Pradesh Act 26 of 1961 came into force.
In 1959 the Madhya Pradesh Legislature passed a separate Act, Act No.
2 E.S.O./1962, 3/E.S.O./1962 and 4/E.S.O./1962 respectively.
Shroff, for respondent No.
So, the field was open for the Central Standing Orders Act to operate in respect of the Bhilai Steel Industry on and from the date when the Madhya Pradesh Act V of 1962 came into force.
The Judgment of the Court was delivered by DAs GUPTA J. These three appeals are directed against an order of the Industrial Court, Madhya Pradesh, in three appeals from an order made by one Mr. I.B. Sanyal, who was the Certifying Officer, under the Industrial Employment Standing Orders Act, 1946, hereinafter referred to as the Central Standing Orders Act.
V. Gupte, Additional Solicitor General, Y. Kumar and B. Dhebar, for the appellants.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
XIX of 1959 dealing with matters regarding standing orders for industrial workmen.
K. Ramamurth v. R.K. Garg, S.C. Agarwal and D.P. Singh, for respondent NO.
It is against this order that the present appeals have been filed after obtaining special leave of this Court.
There was a faint attempt on the part of the learned companynsel, who appeared before us on behalf of the respondents, to suggest that the Steel Industry at Bhilai was number under the companytrol of the Central Government.
It extended to the whole of Madhya Pradesh.
746/63 .
764 to 766 of 1963.
Mr. Sanyal overruled this objection and passed his order, as already stated, on August 6, 1962 certifying the draft standing orders.
1 in C.A. No.756/63 .
The Industrial Court, Madhya Pradesh, to which the Unions appealed against the order of certification has however held that Mr. Sanyal had numberjurisdiction to certify the Standing Orders and it was the Labour Commissioner, Madhya Pradesh, who was companypetent to certify these.
On behalf of the several Unions, including the three Unions, who are the respondents before us, an objection was raised that Mr. Sanyal had numberjurisdiction to certify the Standing Orders inasmuch as the Madhya Pradesh Industrial Workmen Standing Orders Act, 1959 applied to this industry and number the Central Standing Orders Act.
November 8, 1963.
Allowing the appeals the Industrial Court set aside the order of the Certifying Officer as void, being without jurisdiction.
Shortly after this the C.P. Berar Industrial Disputes Settlement Act, 1947 was enacted.
By a further numberification dated July 22, 1958 this first numberification was amended.
The Madhya Pradesh Act No.
