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Zoya signed her contract of employment before her company's standing orders were…
Labour Law I (Industrial Relations)
Zoya signed her contract of employment before her company's standing orders were certified. One term of her contract conflicts with the certified standing orders. Applying Western India Match Co. Ltd. v. Workmen (1973), which term governs her employment?
Show answer and explanation
Answer: A. The certified standing orders, because they are statutory terms of employment and prevail over a conflicting earlier contract.
Explanation
In Western India Match Co. Ltd. v. Workmen, the Supreme Court held that certified standing orders take precedence over conflicting terms in prior employment contracts. Standing orders operate as statutory terms of employment, so an earlier individual agreement cannot override them. That is why the view that the individual contract prevails is wrong.
- Legal provision:
- Industrial Employment (Standing Orders) Act, 1946 (now Chapter IV, Industrial Relations Code, 2020)