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1 - 10 of 15 (0.47 seconds)The Industrial Disputes Act, 1947
Bengal Chemical & Pharmaceuticalworks ... vs Their Workmen on 28 January, 1959
No case has been cited before us where a conscious departure
has been made, from the said observations in Bengal Chemical
and Pharmaceutical Works Ltd., Calcutta v. Their Workmen().
It may be that if the facts of some of the appeals decided
by this Court were analysed, a liberal attitude may be
discovered but the judgments therein would be found to have
turned upon the peculiar facts of those appeals. In the
absence of any definite pronouncements accepting a deviation
from the said principle, we cannot adopt a principle
different from that recorded in the aforesaid decision. We,
therefore, re-affirm the observations made in the said
judgment as laying down the correct approach to appeals
under Art. 136 of the Constitution against awards of
tribunals.
Indian Companies Act, 1913
The Hindustan Times Ltd., New Delhi vs Their Workmen on 14 December, 1962
At the outset, it will in convenient to consider the
question of principle. The object of the industrial law is
two-fold, namely, (i) to improve the service conditions of
industrial labour so as to provide for them the ordinary
amenities of life, and (ii) by that process, to bring about
industrial peace which would in its turn accelerate
productive activity of the country resulting in its
prosperity. The prosperity of the country, in its turn,
helps to improve the conditions of labour. By this process,
it is hoped that the standard of life of the labour can be
progressively raised from the stage of minimum wage, passing
through need found wage, fair wage, to living wage.
Industrial adjudication reflected in the judgments of
tribunals and the courts have evolved some principles
governing wage fixation though accidentally they related
only to industries born in the private sector. The
principle of region-cum-industry, the doctrine that the
minimum wage is to be assured to the labour irrespective of
the capacity of the industry to bear the expenditure in that
regard, the concept that fair wage is linked with the
capacity of the industry, the rule of relevancy of
comparable concerns, and the recognition of the
660
totality of the basic wage and dearness allowance that
should be borne in mind in the fixation of wage structure,
are all so well settled and recognised by industrial
adjudication that further elaboration is unnecessary. In
this context, a reference to the decisions in Messrs. Crown
Aluminium Works, v. Their Workmen(), Express Newspapers
(Private) Ltd., v. The Union of India(2), French Motor Car
Co. Ltd. v. Workmen () and The Hindustan Times Ltd., New
Delhi v. Their Workmen(4) will be useful. There is no, and
there cannot be any, dispute on the laudable aims of
industrial policy of our country in the matter of wage
fixation. Das Gupta, J., in The Hindustan Times Ltd., New
Delhi. v. Their Work-, men(4) said at page 240 :
The Indian Hume Pipe Co., Ltd vs Their Workmen on 5 May, 1959
Gajendragadkar, J. in Indian Hume Pipe Co. v. Its Workmen(2)
also gave a workable expression of gratuity. He stated:
G. M. Talang And Others vs Shaw Wallace And Co. And Anr on 24 March, 1964
The next question is the fixation of the age of retirement
for the employees. The existing age of retirement is 55
extendible to 60 years at the discretion of the management
if the workmen are considered suitable and if they are
medically fit and mentally alert. The Tribunal raised the
age of retirement from 55 years to 58 years but gave a
discretion to the Company to continue an employee after that
age. The learned counsel for the workmen contended that the
superannuation age fixed by the Tribunal does not reflect
the social changes that have taken place in the country and
has also ignored the judicial trend in that regard.
Reliance is placed upon the decision of this Court in G. M.
Talang v. Shaw Wallace and Co.('). Therein this Court held
that the opinion furnished by the several documents on
record clearly showed a consistent trend in the Bombay
region to fix the retirement age of clerical and subordinate
staff at 60 years. In the course of the judgment, this
Court noticed the Report of the Norms Committee in which the
following opinion was expressed:
Article 39 in Constitution of India [Constitution]
Article 43 in Constitution of India [Constitution]
Express Newspapers (Private) Ltd.,And ... vs The Union Of India And Others(And ... on 8 January, 1958
At the outset, it will in convenient to consider the
question of principle. The object of the industrial law is
two-fold, namely, (i) to improve the service conditions of
industrial labour so as to provide for them the ordinary
amenities of life, and (ii) by that process, to bring about
industrial peace which would in its turn accelerate
productive activity of the country resulting in its
prosperity. The prosperity of the country, in its turn,
helps to improve the conditions of labour. By this process,
it is hoped that the standard of life of the labour can be
progressively raised from the stage of minimum wage, passing
through need found wage, fair wage, to living wage.
Industrial adjudication reflected in the judgments of
tribunals and the courts have evolved some principles
governing wage fixation though accidentally they related
only to industries born in the private sector. The
principle of region-cum-industry, the doctrine that the
minimum wage is to be assured to the labour irrespective of
the capacity of the industry to bear the expenditure in that
regard, the concept that fair wage is linked with the
capacity of the industry, the rule of relevancy of
comparable concerns, and the recognition of the
660
totality of the basic wage and dearness allowance that
should be borne in mind in the fixation of wage structure,
are all so well settled and recognised by industrial
adjudication that further elaboration is unnecessary. In
this context, a reference to the decisions in Messrs. Crown
Aluminium Works, v. Their Workmen(), Express Newspapers
(Private) Ltd., v. The Union of India(2), French Motor Car
Co. Ltd. v. Workmen () and The Hindustan Times Ltd., New
Delhi v. Their Workmen(4) will be useful. There is no, and
there cannot be any, dispute on the laudable aims of
industrial policy of our country in the matter of wage
fixation. Das Gupta, J., in The Hindustan Times Ltd., New
Delhi. v. Their Work-, men(4) said at page 240 :