SUPREME COURT OF INDIA
M/S. DIVGI METAL WARES LTD. vs M/S. DIVGI METAL WARES EMPLOYEES
ASSOCIATION & ANR.
Civil Appeal No 2032 of 2011 On 21 March 2024
Hon'ble Judges: B.R. Gavai, Sandeep Mehta
Case Type: Civil Appeal
Final Decision:
Advocates:
Citations:
2024 0 CJ(SC) 147
ACTS REFERRED:
Industrial Employment (Standing Orders) Act, 1946, Section 7
Industrial Employment (Standing Orders) Act, 1946, Section 6(2)
(A) Industrial Employment (Standing Orders) Act, 1946, Section 7, Section 6(2) - Date of operation of standing orders - Appeals Divgi Metal Wares Employees Association,
which is respondent No.1 herein, came to be allowed.
Similarly, by the said order, the Writ Petition No.31808/2003
filed by Respondent No.1 was also allowed and the Writ Petition
No.7993/2006 filed by M/s Divgi Metal Wares Ltd., the
appellant herein, came to be dismissed.
The facts leading to the filing of the present appeals are
as under:-
1 The appellant is a company which manufactures
automobile gears at two factories, one in Pune, Maharashtra
and the other at Sirsi, Karnataka.
Judgement Text
1. These appeals challenge the judgment and order passed
by the Division Bench of the High Court of Karnataka, Circuit
Bench at Dharwad dated 02.02.2009, vide which the appeal
filed by the M/s. Divgi Metal Wares Employees Association,
which is respondent No.1 herein, came to be allowed.
Similarly, by the said order, the Writ Petition No.31808/2003
filed by Respondent No.1 was also allowed and the Writ Petition
No.7993/2006 filed by M/s Divgi Metal Wares Ltd., the
appellant herein, came to be dismissed.
2. The facts leading to the filing of the present appeals are
as under:-
2.1 The appellant is a company which manufactures
automobile gears at two factories, one in Pune, Maharashtra
and the other at Sirsi, Karnataka. The Respondent No.1 is a
Trade Union registered under the provisions of the Indian
Trade Unions Act, 1926. The relations between the appellant
and the respondents are governed by the Industrial
Employment (Standing Orders) Act, 1946 (for short, 'the said
Act'). It is also not in dispute that, it was at the instance of the
employer that the Deputy Labour Commissioner and Certifying
Officer passed an order on 03.07.1989 thereby certifying the
Standing Order. Clause 20 of the Standing Orders reads thus:-
"20. Transfers: An employee shall be liable to
be transferred at any time from the
unit/factory/office/establishment
