Court : Supreme Court of India
Reported in : AIR1960SC1323; [1960(1)FLR584]; (1960)IILLJ83SC
K.C. Das Gupta, J.1. Two common points arising for consideration in these three appeals by employers against the order of the Labour Appellate Tribunal of India directing payment of bonus are :--(1) whether the Appellate Tribunal was justified in disallowing any amount on account of rehabilitation costs in the calculation of the available surplus and (2) even assuming the available surplus to have been correctly determined by the Appellate Tribunal whether the distribution thereof was fair. In all these three cases the Industrial Tribunal had allowed considerable sums on account of rehabilitation costs in consequence of the deduction of which as prior charges no available surplus remained for distribution of any further amount as bonus. The Appellate Tribunal being of opinion that a claim for rehabilitation costs has to be established by proper evidence as regards the several factors which enter into the computation of such costs held that as the employer in each of these cases had fai...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC665; (1960)62BOMLR563; [1961(2)FLR569]; (1960)ILLJ563SC; (1960)IIMLJ107(SC); [1960]2SCR974
Gajendragadkar, J. 1. The Associated Cement Companies Ltd., Dwarka Cement Works, Dwarka and the Associated Cement Companies Ltd., Sevalia Cement Works, Sevalia (hereinafter called the appellants) own and manage several cement works throughout India including inter alia cement manufacturing factories at Dwarka and Sevalia called the Dwarka Cement Works and the Sevalia Cement Works respectively. In 1946 the appellants submitted to respondent 2, the commissioner of Labour, Bombay, in his capacity as certifying officer, draft standing orders for certification under s. 3(1) of the Industrial Employment (Standing Orders) Act. 1946 (20 of 1946) (hereinafter called the Act). Respondent 2 made several alterations in the draft submitted by the appellants. The two important alterations which are the subject-matter of the present appeal were in respect of items Nos. 8 and 16. Under item No. 8 the draft standing orders had required that notice of fourteen days shall be given in the event of discont...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC650; (1960)ILLJ266SC; [1960]2SCR918
Subba Rao, J.1. This is an appeal by special leave against the order of the labour Appellate Tribunal of India setting aside the award of the industrial Tribunal, Allahabad, and directing the re-instatement of the workers in Kundan Sugar Mills at Amroha. 'Kundan Sugar Mills' is a partnership concern and owns a sugar mill at Amroha. The respondents 1 to 4 were employed by the appellant as seasonal masons in the year 1946. In 1951 the partners of the appellant-Mills purchased the building machinery and other equipment of another sugar mill at Kiccha in the district of Nainital. They closed the said mill at Kiccha and started it at Bulandshahr. The new factory was named Pannijee Sugar & General Mills. Bulandshahr. On January 19, 1955, the General Manager of the appellant-Mills ordered the transfer of the respondents 1 to 4 from the appellant-Mills to the new mill at Bulandshahr. The said respondents through their representative, the fifth respondent, protested to the General Manager again...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC695; 1983CriLJ1044; [1960]2SCR926
Das Gupta, J.1. When total charges payable in respect of goods traffic carried by a Railway are increased by the Railway Administration on the basis of terminals fixed by the Central Government in pursuance of s. 32 of the Indian Railways Act, has the Railway Rates Tribunal jurisdiction to investigate the reasonableness of the charge as thus increased That is the question raised in this appeal. The first respondent, the Upper Doab Sugar Mills Ltd., manufactures sugar in its Mills situated at Shamli. The sugarcane needed as its raw material has to be brought by the Company from different places in the neighbourhood. It is in this connection that the appellant Railway Company's services are required. The Railway Company carries the sugarcane in trucks from several stations on its line, to Shamli. As the Mills premises are situated a short distance away from the station platform the Mills had at the very time when it started functioning, a siding agreement with the Rly., Company so that t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC669; 1960CriLJ1017; (1961)63PLR359; [1960]2SCR911
Wanchoo, J.1. These are two connected appeals by special leave against the judgment of the Allahabad High Court. The brief facts necessary for their disposal are these. One Bhagwan Swarup Saxena, the Trade Marks Investigator, Lever Brothers Limited India (hereinafter called the company) was working in Lucknow on behalf of the company. He came to know that counterfeit Sunlight and Lifebuoy soaps were being manufactured and sold on a large scale in Yahiaganj and other places in Lucknow. This was investigated on behalf of the company which manufactured genuine Sunlight and Lifebuoy soaps. It was found that two soaps factories in Lucknow were manufacturing counterfeit Sunlight and Lifebuoy soaps. It was also found that Hafiz Mohammad Ismail and Hafiz Jawed Ali who are the respondents in the two appeals before us were selling these counterfeit soaps in Yahiaganj where they have shops. Consequently a raid was made on the two shops with the help of the police on May 19, 1953. A large number o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1006; (1960)ILLJ548SC; [1960]2SCR906
Das Gupta, J.1. The only point raised in this appeal by the employer, Petlad Turkey Red Dye Works Ltd., Petlad, against the award of an Industrial Tribunal of a sum of Rs. 9,839 equivalent to one month's basic wages is as regards the correctness of the disallowance, in the process of ascertaining the available surplus, of a claim of 4% interest on Rs. 2,27,000 standing in the depreciation fund said to have been used as working capital. If this claim was allowed and the amount claimed to deducted as a prior charge no surplus would remain so that the employees would not be entitled to any bonus. The Industrial Tribunal was of opinion that even if the depreciation reserve was utilized as working capital no return thereon was allowable for the purpose of deciding on the amount to be deducted as prior charges in applying the Full Bench Formula. In this view it was clearly wrong. Numerous decisions of this Court make it abundantly clear that any portion of the reserve actually utilized as wo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1352; (1960)IILLJ39SC
K.C. Das Gupta, J.1. On January 1956 when a reference was pending before an Industrial Tribunal of a dispute between the Management of the Bangalore Woollen Cotton and Silk Mills Co., Ltd., the appellant in both the appeals and its workmen, an application was made by the Management under Section 33 of the Indus trial Disputes Act for permission for discharge of Dasappa, the respondent in both the appeals. It was stated in the application that on an information being received that Dasappa had dishonestly removed property belonging to the Company a charge-sheet was framed against him and an enquiry held in which on a consideration of all the evidence the Manager came to the conclusion that the respondent was guilty of the charge made against him, which justified an order of discharge. This application was opposed by the Workers' Union on behalf of the Respondent, Dasappa and it was stated that the allegation of theft made against Dasappa was false and that the finding of the Manager was ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC729; [1960]38ITR579(SC); [1960]2SCR885
Kapur, J.1. In these six appeals the common question raised is whether the proviso to s. 13 of the Income-tax Act is applicable to the facts and circumstances of these cases. They are therefore disposed of by one judgment. Civil Appeal No. 218 of 1955 arises out of the assessment for the year 1943-1944. Civil Appeals Nos. 219 to 223 relate to the assessment years 1944-1945, 1946-1947 and for the chargeable accounting periods from January, 1943 to February, 1944, and from February, 1945 to February, 1946. The appellant in each of the appeals is the assessee and the respondent is the Commissioner of Income-tax and Excess Profits Tax, Madras. 2. The appellant is a 'resident and ordinarily resident' in India and carried on extensive trade in Colombo in grains, folder, gram and other food-stuffs for cattle and poultry. For the assessment year 1943-1944 the appellant showed a turnover of Rs. 17,74,825 and a gross profit of Rs. 63,217 which is about 3.5 per cent. For the two previous assessme...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC655; [1960]2SCR896
Gajendragadkar, J. 1. This appeal by special leave arises from ejectment proceedings taken by Suraj Bhan (respondent 1) against the appellant Moti Ram in respect of a shop situated in the urban area of Gurgaon which has been in the occupation to the appellant as a tenant for more than twenty years on a monthly rental of Rs. 20. Respondent 1 purchased the shop on June 15, 1956, and soon thereafter he applied to the Rent Controller for the eviction of the appellant under s. 13 of the East Punjab Urban Rent Restriction Act, 1949 (3 of 1949) (hereinafter called the Act). This application was based on four grounds. It was urged that the appellant was a habitual defaulter and was in arrears of rent, that the return of the money invested by respondent 1 in the purchase of the shop was not adequate, that respondent 1 apprehended that the godown and the shop of which he was in possession as a tenant would be sold off and he may be dispossessed therefrom, that is why he would require the shop in...
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