Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Case Laws - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
  • Title Only
  • Head Notes
  • Citation
Party Name: ?
Party name / Appeal No.
Law:
---- All Laws----
  • ---- All Laws----
  • GST
  • Income Tax
  • Benami Property
  • Customs
  • Corporate Laws
  • Securities / SEBI
  • Insolvency & Bankruptcy
  • FEMA
  • Law of Competition
  • PMLA
  • Service Tax
  • Central Excise
  • CST, VAT & Sales Tax
  • Wealth tax
  • Indian Laws
Courts: ?
Select Court or Tribunal
---- All Courts ----
  • ---- All Courts ----
  • Supreme Court - All
  • Supreme Court
  • SC Orders / Highlights
  • High Court
  • Appellate Tribunal
  • Tribunal / NCLT & Others
  • Appellate authority for Advance Ruling
  • Advance Ruling Authority
  • National Financial Reporting Authority
  • Competition Commission of India
  • ANTI-PROFITEERING AUTHORITY
  • Commission
  • Central Government
  • Board
  • DISTRICT/ SESSIONS Court
  • Commissioner / Appellate Authority
  • Other
In Favour Of: New
---- In Favour Of ----
  • ---- In Favour Of ----
  • Assessee
  • In favour of Assessee
  • Partly in favour of Assessee
  • Revenue
  • In favour of Revenue
  • Partly in favour of Revenue
  • Appellant / Petitioner
  • In favour of Appellant
  • In favour of Petitioner
  • In favour of Respondent
  • Partly in favour of Appellant
  • Partly in favour of Petitioner
  • Others
  • Neutral (alternate remedy)
  • Neutral (Others)
Landmark: ?
Where case is referred in other cases
---- All Cases ----
  • ---- All Cases ----
  • Referred in >= 3 Cases
  • Referred in >= 4 Cases
  • Referred in >= 5 Cases
  • Referred in >= 10 Cases
  • Referred in >= 15 Cases
  • Referred in >= 25 Cases
  • Referred in >= 50 Cases
  • Referred in >= 100 Cases
Situ: ?
State Name or City name of the Court.
Eg: Madhya Pradesh, Orissa, Hyderabad

Use comma for multiple locations.

AY/FY: New?
Enter only the year or year range (e.g., 2025, 2025–26, or 2025–2026).
Include Word: ?
Searches for this word in Main (Whole) Text
Exclude Word: ?
This word will not be present in Main (Whole) Text
From Date: ?
Date of order
To Date:

---------------- For section wise search only -----------------


Statute Type: ?
This filter alone wont work. 1st select a law > statute > section from below filter
New
---- All Statutes----
  • ---- All Statutes ----
  • Select the law first, to see the statutes list
Sections: ?
Select a statute to see the list of sections here
New
---- All Sections ----
  • ---- All Sections ----
  • Select the statute first, to see the sections list

Accuracy Level ~ 90%



TMI Citation:
Year
  • Year
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
  • 2006
  • 2005
  • 2004
  • 2003
  • 2002
  • 2001
  • 2000
  • 1999
  • 1998
  • 1997
  • 1996
  • 1995
  • 1994
  • 1993
  • 1992
  • 1991
  • 1990
  • 1989
  • 1988
  • 1987
  • 1986
  • 1985
  • 1984
  • 1983
  • 1982
  • 1981
  • 1980
  • 1979
  • 1978
  • 1977
  • 1976
  • 1975
  • 1974
  • 1973
  • 1972
  • 1971
  • 1970
  • 1969
  • 1968
  • 1967
  • 1966
  • 1965
  • 1964
  • 1963
  • 1962
  • 1961
  • 1960
  • 1959
  • 1958
  • 1957
  • 1956
  • 1955
  • 1954
  • 1953
  • 1952
  • 1951
  • 1950
  • 1949
  • 1948
  • 1947
  • 1946
  • 1945
  • 1944
  • 1943
  • 1942
  • 1941
  • 1940
  • 1939
  • 1938
  • 1937
  • 1936
  • 1935
  • 1934
  • 1933
  • 1932
  • 1931
  • 1930
Volume
  • Volume
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
TMI
Example : 2024 (6) TMI 204
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
TMI Citation
    No Records Found
    ❯❯
    MaximizeMaximizeMaximize
    0 / 200
    Expand Note
    Add to Folder

    No Folders have been created

      +

      Are you sure you want to delete "My most important" ?

      NOTE:

      Case Laws
      Showing Results for :
      Reset Filters
      Results Found:
      AI TextQuick Glance by AIHeadnote
      Show All SummariesHide All Summaries
      No Records Found

      Case Laws

      Back

      All Case Laws

      Showing Results for :
      Reset Filters
      Showing
      Records
      ExpandCollapse
        No Records Found

        Case Laws

        Back

        All Case Laws

        whatsappJoin Channel
        Showing Results for : Reset Filters
        Case ID :

        1978 (8) TMI 227 - SC - Indian Laws

        📋
        Contents
        Note

        Note

        -

        Bookmark

        print

        Print

        Login to TaxTMI
        Verification Pending

        The Email Id has not been verified. Click on the link we have sent on

        Didn't receive the mail? Resend Mail

        Don't have an account? Register Here

        Standing Orders Act prevails over general service regulations, while notified rules under Section 13-B can displace the Act only partly. The Industrial Employment (Standing Orders) Act, 1946 was held to prevail over the Electricity Board's general power to frame service regulations under ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Standing Orders Act prevails over general service regulations, while notified rules under Section 13-B can displace the Act only partly.

                          The Industrial Employment (Standing Orders) Act, 1946 was held to prevail over the Electricity Board's general power to frame service regulations under Section 79(c) of the Electricity (Supply) Act, 1948 in matters covered by the Standing Orders Act, because the special statute overrides the general provision. Section 13-B was construed as extending beyond Government industrial establishments to statutory corporations where notified rules or regulations govern workmen, and the exclusion under that provision operates only to the extent of the field actually covered by the notification. On that basis, the notified superannuation rule at 58 years was effective and the workmen's retirement was upheld.




                          Issues: (i) Whether the Industrial Employment (Standing Orders) Act, 1946 prevails over the power of the Electricity Board to make service regulations under Section 79(c) of the Electricity (Supply) Act, 1948 in matters covered by the Standing Orders Act. (ii) Whether Section 13-B of the Industrial Employment (Standing Orders) Act, 1946 applies only to Government industrial establishments or can extend to statutory corporations when rules or regulations are notified in respect of the workmen.

                          Issue (i): Whether the Industrial Employment (Standing Orders) Act, 1946 prevails over the power of the Electricity Board to make service regulations under Section 79(c) of the Electricity (Supply) Act, 1948 in matters covered by the Standing Orders Act.

                          Analysis: The Standing Orders Act was treated as a special enactment specifically designed to regulate the enumerated conditions of service of workmen in industrial establishments through certified standing orders and quasi-judicial scrutiny of fairness and reasonableness. Section 79(c) of the Electricity (Supply) Act, 1948 was treated as a general incidental power concerning service conditions of Board employees. Applying the principle that a general provision yields to a special provision, the service regulations under the Electricity Supply Act could not displace the Standing Orders Act in respect of matters covered by that Act.

                          Conclusion: The Standing Orders Act prevails over Section 79(c) of the Electricity (Supply) Act, 1948 for matters within the Standing Orders Act.

                          Issue (ii): Whether Section 13-B of the Industrial Employment (Standing Orders) Act, 1946 applies only to Government industrial establishments or can extend to statutory corporations when rules or regulations are notified in respect of the workmen.

                          Analysis: Section 13-B was construed to cover workmen governed by statutory rules or regulations notified by the appropriate Government, and not merely Government servants. The general words "any other rules or regulations" were read in context to include statutory service regulations applicable to workmen enjoying statutory status. The Court further held that notification under Section 13-B excludes the operation of the Act only to the extent the notified rules or regulations occupy the field, not wholesale for every matter in the Schedule.

                          Conclusion: Section 13-B is not confined to Government servants and can apply to statutory corporations where relevant rules or regulations are duly notified.

                          Final Conclusion: The notified regulation fixing the age of superannuation at 58 years was effective, and the workmen were validly retired. The appeal succeeded and the High Court's writ relief did not stand.

                          Ratio Decidendi: Where a special statute specifically regulates service conditions of industrial workmen, its provisions prevail over a general power to frame service regulations under another enactment, and a notified rule or regulation under Section 13-B excludes the Standing Orders Act only to the extent of the field covered by that notification.


                          Full Summary is available for active users!
                          Note: It is a system-generated summary and is for quick reference only.

                          Topics

                          ActsIncome Tax
                          No Records Found