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Manipal Power Press Vs. Workmen of Manipal Power Press and ors.

Manipal Power Press vs Workmen of Manipal Power Press and ors.

Type Court Judgment Court Supreme Court of India Decided Mar 15, 2001
~2 min read
https://sooperkanoon.com/case/671133

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Citation
Court
Supreme Court of India
Judge
Decided On
Subject
Labour and Industrial

Case Summary

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

- Section 23: [S.B. Sinha & Cyriac Joseph, JJ] Determination of Market Value - Agriculture and Non-agricultural land - Acquired lands for all intent and purport is divided into two parts. The eastern part and only a small part of the western side is within the municipal area and the other, consisting of agricultura...

Key legal issue
Labour and Industrial
Acts & sections
Industrial Disputes Act, 1947 - Sections 33A

Parties & Advocates

Appellant / Petitioner

Manipal Power Press

Respondent

Workmen of Manipal Power Press and ors.

Legal References

Acts
Industrial Disputes Act, 1947 - Sections 33A
Reported In
(2001)IILLJ232SC

Excerpt

.....may be considerably different. section 23: [s.b. sinha & cyriac joseph, jj] determination of market value - agriculture and non-agriculture land held, determination of the market value of the land acquired, would depend upon a large number of factors, nature and quality of the lands is one of them. the norms which are required to be applied for determination of the market value of the agricultural land and homestead land may be different. in given cases location of land and in particular, closeness thereof from any road or high- way would play an important role for determination of the market value wherefor belting system may in appropriate cases have to be resorted to. the position of the land, particularly in rainy season, existence of any building etc. also plays an important role . section 23: [s.b. sinha & cyriac joseph, jj] determination of market value - agricultural and non-agricultural land - amount payable for acquisition of 21 godowns held, valuation of the land cannot be determined indirectly twice over, one on the basis of the value of the land and the other on the basis of the rental income. for extent of land on which the godowns stand, separate compensation need not be paid when compensation with respect to rental income is being paid for the godowns. section 23: [s.b. sinha & cyriac joseph, jj] determination of market value - agricultural and non-agricultural land - group iii category held, compensation awarded by the high court at rs.240/- per sq. mtr. for non-agricultural land and rs.160/- sq. mtr for agricultural land does not warrant any interference, as lands in question are not only situated within a developed area but being situated near aerodrome, schools, hospitals, etc. the market value thereof could not have been determined at a lesser rate. section 23: [s.b. sinha & cyriac joseph, jj] determination of market value - agricultural and non-agricultural land - group iii category - amount of compensation in respect of..........from the composing section and job work section to the binding section and changing from night shift to day shift with a view to deprive the workmen of all the benefits of the bachawat award.3. the tribunal examined the matter and set aside the order of transfer made by the appellant and directed to post the said workmen back to the composing section. aggrieved by that award a writ petition was preferred before the high court unsuccessfully. contention has been raised by the appellant that it had not been 1 made a party to the industrial dispute that had been referred to the tribunal.4. inasmuch as an award has now been passed on the reference made under section 10 of the act and the rights of the parties are governed therein and the order made by the tribunal in the complaint arising under section 33a of the act was only in respect of a complaint of change of conditions of service by transferring from one section to another section and that action having been set aside, we do not think any useful purpose will be served by examining the various contentions raised by the parties. the appeals shall stand disposed of noticing this position. it is needless to say that it is open to the parties to urge any of the legal contentions that are available to them in any appropriate forum.

Full Judgment

ORDER

1. A reference was made to the Industrial Tribunal under Section 10 of the Industrial Disputes Act (for short the 'Act') on the following question:

'(1) Are the 64 workmen as detailed in the Annexure appended to this Government Order working in the Manipal Power Press, Manipal represented by the Manipal Printers and Publishers Employees Association, Udupi justified in demanding that they should also be considered as employees (Newspaper employees) of the Manipal Publishers and Printers (Private) Limited, Manipal from the date of their appointments with all consequential benefits arising out of various Wage Board recommendations and Awards for Journalists;

(2) If not, to what other relief these employees are entitled to.'

2. A complaint was made under Section 33A of the Act stating that during pendency of that industrial dispute referred under Section 10 their conditions of service have been altered by transferring from the composing section and job work section to the binding section and changing from night shift to day shift with a view to deprive the workmen of all the benefits of the Bachawat Award.

3. The Tribunal examined the matter and set aside the order of transfer made by the appellant and directed to post the said workmen back to the composing section. Aggrieved by that award a writ petition was preferred before the High Court unsuccessfully. Contention has been raised by the appellant that it had not been 1 made a party to the industrial dispute that had been referred to the Tribunal.

4. Inasmuch as an award has now been passed on the reference made under Section 10 of the Act and the rights of the parties are governed therein and the order made by the Tribunal in the complaint arising under Section 33A of the Act was only in respect of a complaint of change of conditions of service by transferring from one section to another section and that action having been set aside, we do not think any useful purpose will be served by examining the various contentions raised by the parties. The appeals shall stand disposed of noticing this position. It is needless to say that it is open to the parties to urge any of the legal contentions that are available to them in any appropriate forum.

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