1997 (7) TMI 526

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....ng hours of the company has been quashed. 2. Brief facts giving rise to this appeal are that petitioner No. 1, Mecon Executive Association, is the association of executives employed in Metallurgical & Engg. Consultants (India) Ltd. (appellant). Petitioners 2 to 113 (who are now respondents) are the executives. They challenged order dated 28-11-1985, passed by the Chief Engineer of appellant, Metallurgical & Engg. Consultants (India) Ltd. (the company) effecting change in office timings for all executives working in Bhilai Site Office of the company. The appellant-company is registered company under the Companies Act, 1956, having its registered office at Ranchi in the State of Bihar. The appellant-company is doing the business of desi....

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....ives working in other branches. 3. The appellant-company in its return pointed out that, according to the terms of appointment, the employees are bound by the rules of the company in force from time to time and as per rule 3.1 of Establishment Manual, Chapter 3 (Annexure R1), working hours in any office shall be such as are notified by the company from time to time. It is also pointed out that working hours in different site offices of the company, namely, Hyderabad, Vizag, Gurgaon and Bhamnipal are 48 hours per week. The company refuted the allegation that the amendment in service conditions of the employees of the company cannot be made without giving them opportunity of hearing in person, or any change in service conditions requires a....

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....acto approval was granted by the Board in its meeting. The learned single Judge held that no material was placed before the Court to show that the resolution was accepted in the Board meeting and subsequently, it was approved by the board of directors. Hence, the learned single Judge quashed the order passed by the Chief Engineer and allowed the petition. 5. Aggrieved by order passed by the learned single Judge, the present appeal has been filed by the company and an application under order 41 rule 27 read with section 151 of the Code of Civil Procedure, 1908, has also been filed praying for taking on record the original order of the chairman- cum-managing director dated 25-11-1985 and minutes of the board of directors meeting dated 10/1....