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Maharashtra General Kamgar Union And ... vs Balkrishna Pen Pvt. Ltd. And Another on 10 September, 1987

...No doubt overtime has been paid to such workmen and on some occasions workmen were working continuously for 8 hours in place of absentee workmen. The isolated cases due to individual willingness, out of economic compulsions in the long history of 30 years cannot be treated as a custom and practice in derogation of the existing settlement in Lalla Award. If the award passed by the Tribunal is permitted to be crucified and nullified by such illegal custom and practice, then no sanctity will be left to the Award passed by the Judicial Tribunals. Mr. Krishnan has rightly urged that a collective settlement which has the force of law is Industrial jurisprudence cannot be superseded by imposition of individual contracts as laid down in Page 0325 the case between Western India Match Co. v. its Workmen reported in 1973 II L.L.J. page 403.
Bombay High Court Cites 28 - Cited by 13 - P B Sawant - Full Document
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