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1 - 6 of 6 (0.25 seconds)Workmen Represented By Secretary vs Management Of Reptakos Brett.And Co. ... on 31 October, 1991
38]
In the case of Workmen represented by Secretary vs. The Management of
Reptakos Brett & Co. Ltd., - 1991 2 CLR 863 , the question involved was the
entitlement of Management to restructure the scheme of DA by abolishing
the slab system of DA which was linked both with cost of living index, as
well as basic wage and replacing the same with some other system, on
the ground that the existing system had resulted in "over neutralization".
Ahmedabad Mill Owners' Association Etc vs The Textile Labour Association on 10 August, 1965
The Supreme Court, by adverting to the principles laid down by it in the
case Ahmedabad Mills Owners' Association vs. The Textiles Labour Association,
1966 1 SCR 382, ruled that it was for the Management to prove to the
satisfaction of the Tribunal that the wage structure in the industry
concerned was well above the minimum level and that the Management
was not in a position to bear the burden of the existing wage structure and
that the DA scheme which had stood the test of time could not be
unjustifiably abolished.
Hindustan Lever Mazdoor Sabha vs Hindustan Lever Ltd. And Anr. on 29 August, 1996
Similarly, yet another Division Bench of this Court in the
case of Hindustan Lever Mazdoor Sabha vs. Hindustan Lever Ltd. -1989 II CLR
558, as held that in a case where the Tribunal is called upon to introduce or
permit the introduction of a system of DA, not for the first time but to
replace the existing system with a new system, the Tribunal should not
normally substitute or abolish the existing system by one which is less
beneficial to the employees.
Deepali Gundu Surwase vs Kranti Junior Adhyapak & Ors on 12 August, 2013
46] The direction of this Court in Writ Petition No. 462 of 1997, is quite
consistent with the decision of the Supreme Court in the case of Deepali
Gundu Surwase vs. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) & Ors.
Mazagaon Dock Limited vs Engineering Workers Union on 4 June, 2002
skc WP-1191-07
39] The Division Bench of this Court in the case of Mazgaon Dock Ltd. Vs.
Association of Engineering Workers - 1989 II CLR 713 has held that before an
existing scheme of DA based on slab system having dual linkage, that is,
with basic wages and CPI is replaced with another which is less beneficial
to the employees, the Tribunal has to be satisfied that there are compelling
reasons to do so. The Court noted that the existing system may result in
anamolies in certain cases. However, the same were so marginal as to
require no serious consideration at least for replacing the scheme by the
new scheme.
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