Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1946 Registered Trade Union technical objectio Maharashtra Industrial Relations Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Industrial Relations Act, 1946: s. 38(2) – Standing order stipulating the age of retirement of the employees, applicable to employees of the Co-operative Bank – Locus of Registered Trade Union to file application u/s. 38(2) for alteration/ modification of the standing order – Held: Original standing order which mandated 55 years as the age of retirement, was changed by consent of both employer and employees, to 58 years, twice, by means of Settlements of 2004 and 2010 which culminated in an award by the Industrial Court – Ministerial duty of implementing the settlement was on both the employer and the employees – Application was moved before the Commissioner of Labour by the Registered Trade Union, which could and should have been joined in by the employer – Thus, any technical objection as to a registered union having no locus to file an application u/s. 38(2), cannot be accepted – Order passed by the Industrial Court, which was based on the locus standi of the Registered Trade Union, is set aside, as also the judgment of the High Court – Locus standi. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2021 INSC 322 |
Petitioner | Bank Employees Union |
Respondent | Rajarshi Shahu Govt. Servants Co-operative Bank Ltd., Kolhapur |
SCR | [2021] 6 S.C.R. 503 |
Judgement Date | 2021-07-06 |
Case Number | 2328 |
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