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Durg District Metal and Engineering Works

Durg District Metal and Engineering Works vs Managing Partner, Bhilai Construction Company, Industrial Estate, Bhilai District, Durg, Madhya Prad

Type Court Judgment Court Supreme Court of India Decided Mar 09, 1981
~1 min read
https://sooperkanoon.com/case/653784

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Citation
Court
Supreme Court of India
Judge
Decided On
Case Number
Civil Appeal No. 940 of 1981
Subject
Labour and Industrial

Case Summary

AI-generated summary - not the official court judgment text.

- [ A.N.Sen and; v.D. Tulzapurkar, JJ.] - The matter is remanded back to the Labour Court, Durg, to decide the question whether the workmen were gainfully employed or not during that period.

Key legal issue
Labour and Industrial

Parties & Advocates

Appellant / Petitioner

Durg District Metal and Engineering Works

Respondent

Managing Partner, Bhilai Construction Company, Industrial Estate, Bhilai District, Durg, Madhya Prad

Legal References

Reported In
(1982)3SCC386a

Excerpt

- [ a.n.sen and; v.d. tulzapurkar, jj.] - the matter is remanded back to the labour court, durg, to decide the question whether the workmen were gainfully employed or not during that period.tulzapurkar, j.1. special leave granted.2. after hearing counsel on either side we feel that the only question that needs consideration relates to back wages for the period may 13, 1971 till the order of reinstatement. the matter is remanded back to the labour court, durg, to decide the question whether the workmen were gainfully employed or not during that period. in case it is found that they were employed they would not get anything by way of back wages. but if it is found that they did not work elsewhere during that period they would be entitled to back wages for the said period. the appeal is disposed of accordingly with no order as to costs.

Full Judgment

Tulzapurkar, J.

1. Special leave granted.

2. After hearing counsel on either side we feel that the only question that needs consideration relates to back wages for the period May 13, 1971 till the order of reinstatement. The matter is remanded back to the Labour Court, Durg, to decide the question whether the workmen were gainfully employed or not during that period. In case it is found that they were employed they would not get anything by way of back wages. But if it is found that they did not work elsewhere during that period they would be entitled to back wages for the said period. The appeal is disposed of accordingly with no order as to costs.

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