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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.