Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | lndustrial Dispute Designation of workmen Standardisation of wage structure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Dispute—Standardisation of wage structure— Designation of workmen.The dispute between the respondents and the appellants regarding mistries and line jobbers was referred to the Tribunal regarding the increase and standardisation of wages and regarding the designation of workmen doing the work of fancy jobbers and their pay. The appellant contended that an earlier award of 1951 had not been terminated and that the reference was incompetent. The Tribunal directed standardisation on the basis of the Bombay Scheme. The Tribunal acceded to the claim regarding fancy jobbers. Finally the Tribunal directed that ‘‘where ever the said existing wages are higher than those fixed under the Bombay Standardisation Scheme, they shall remain and shall not be lowered” and that regarding operatives who were designated differently from Bombay list, they should be paid what those described by. any other name but doing identical work were being paid in Bombay and that the adjustment of anomalies that might arise in this matter should be decided by a Committee consisting of the representatives of the Management and the Union. Held, that the agreement following: the earlier award was not a settlement within the meaning of s. 19(2) of the Industrial Disputes Act and the reference was Competent. Held, further, that the Tribunal ought to have considered the applicability of the Bombay Standardisation Scheme to the condition:in Delhi by examining evidence and that the Tribunal ought not ‘to have shut out evidence in respect of the working of the Bombay Standardisation Scheme in Delhi and that the Tribunal had not. considered the matter carefully and made such modifications as might be necessary. The Tribunal ought not to have delegated the determination and adjustment of the anomalies in-applying the Bombay standardisation ‘scheme to a joint committee bit should have considered and determined those matters itself. Held, further, that in the event of standardisation it may be necessary if justice demanded it to give some measure of protection to such individual workmen as were getting higher wages than what they would get under standardisation scheme. But the matter will have to be considered by the Tribunal subject to three conditions: viz., (1) there can be no further rise in wages of those protected by the operation of the standardisation of scheme, (2) if there is an incremental scales fixed by the standardisation scheme and the protected workmen are getting between the minimum and the ‘maximum but are not entitled thereto according to the length of their service, future increments should be adjusted till the protected workmen find their proper place in the scale according to the length of service, and (3) the category of protected workmen should in.due course exhaust by the termination of service of such workmen by retirement or otherwise. Held, that the direction of the Tribunal could be read to mean the protection of existing higher wages generally rather than the higher wages of particular workmen and such a thing was not consistent with the principles of standardisation. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1962 INSC 184 |
Petitioner | Birla Cotton Spinning & Weaving Mills |
Respondent | Workmen And Others |
SCR | [1963] 2 S.C.R. 716 |
Judgement Date | 1962-05-02 |
Case Number | 104 |
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