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jaykumtekar (Legal Advisor)     18 November 2011

Section 6 of industrial emp. standing orders

Dear All,


The workmen in our establishement had filed an application for amendment of CSO which was duly granted by the certifying authority.

The managment has preferred an appeal against the said order and the matter was argued in length before the member, Industrial court.

As per section 6 of the IESCO : Any employer, workman, trade union or other prescribed representatives of workmen aggrieved by the order of the certifying officer under sub-section (2) of section 5 may within 30 days from the date on which copies are sent ybder syvsectuib (3) of that section, appeal to the appellate authority, and the appellate authority, whose decision shall be final, shall by order in writing confirm the amendments either in the form certified by the certifying officer or after further modifying the same as the appellate authority thinks necessary.

Now the question before the court is what authority and power is vested in the Industrtal court which is hearing an appeal against the amendment of the CSO. 


My question is on plain reading of section 6 it is made to understand that the appellate authority shall confirm the amendments or modify the same which is accordingly to me termed to be vague  provision.


Kindly let me know the power of the appellate authority on this particular section and send me some citation on this issue.

Matter is posted for 21st for further hearing. 


Regards


Jaikishen Kumtekar



Learning

 2 Replies


(Guest)

U/s 11, the appellate authorities to have power of Civil Court.

jaykumtekar (Legal Advisor)     21 November 2011

Sir,

Thanks.  Even I am aware of section 11.  I wanted to know whether there are any citiation on this particular section i.e. 6 of IESCO wherein the Appellate authority has revised or modified the order of the certifying authority.


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