Court : Supreme Court of India
Reported in : AIR1960SC923; [1960(1)FLR402]; (1960)IILLJ1SC; [1960]3SCR528
Shah, J. 1. In these three petitions the validity of s. 25FFF(1) of the Industrial Disputes Act No. XIV of 1947 as amended by Act 43 of 1953 is impugned. 2. Petition No. 88 of 1957 is by a company manufacturing cotton textiles in the town of Ahmedabad. The machinery in the factory of the company was installed in the year 1893 and has not been replaced thereafter. The factory had, it is claimed by the petitioners, become, by the passage of time, an uneconomic unit and was closed on that account on 27 April 1957. An attempt was made by the management to increase the number of spindles to make the unit economic, but without success. The company was incurring losses year after year and early in the year 1956, the Registrar of Companies, Bombay, requested the Central Government to authorise him to wind up the company. This authority was not given and the factory continued to work till April 28, 1957, on which date it was closed after notice of closure given in March, 1957. 3. The petitioner...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1960]39ITR546(SC); [1960]3SCR513
S.K. Das, J. 1. These two appeals with special leave have been heard together. They arise out of similar facts and the question of law arising therefrom is the same. 2. The short facts are these. One Balkrishna Purushottam Purani died on November 11, 1947. He left behind him three widows and two daughters. The three widows were named Indira, Ramluxmi and Prabhulumxi. These widows as legal heirs inherited the estate of the deceased, which consisted of immovable properties situate in Ahmedabad, shares in Joint Stock Companies, money lying in deposit, and share in a registered firm. For the two assessment years 1950-51 and 1951-52 (the corresponding account years being the Sambat years 2005 and 2006) the Income-tax Officer issued notices to the legal heirs of Balkrishna Purushottam Purani. Pursuant to those notices, returns were filed under the heading, 'Legal heirs of Balkrishna Purushottam Purani', in one case and in the name of the estate of Balkrishna in the other; the status was show...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1172; (1961)63BOMLR197
S.K. Das, J.1. These two appeals with special leave have been heard together. They arise out of similar facts and the question of law arising therefrom is the same. 2. The short facts are these. One Balkrishna Purshottam Purani died on November 11, 1947. He left behind him three widows and two daughters. The three widows were named Indira, Ramluxmi and Prabhuluxmi. These widows as legal heirs inherited the estate of the deceased, which consisted of immovable properties situate in Ahmedabad. Shares in joint stock companies, money lying in deposit, and share in a registered firm. for the two assessment years 1950-51 and 1951-52 (the corresponding account years being the Samvat years 2005 and 2006) the Income-tax Officer issued notices to the legal heirs of Balkrishna Purshottam Purani. Pursuant to those notices, returns were filed under the heading, 'Legal heirs of Balkrishna Purshottam Purani', in one case and in the name of the estate of Balkrishna in the other; the status was shown as...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC330; (1961)IILLJ136SC
K.C. Das Gupta, J.1. This appeal is against the award of the Industrial Court, Bombay, in a reference made under Section 73-A of the Bombay Industrial Relations Act, 1946 asking the appellant, the Phaltan Sugar Works Ltd., Sakharwadi, to pay dearness allowance to its employees who are represented by Phaltan Taluka Sakhar Kamgar Union at the following rates:Monthly-rated Employees.Employees whose basic wages arebetween Rs. 25 and Rs. 50 .. Rs. 45Employees whose basic wages arebetween Rs. 51 and Rs. 100 .. Rs. 55Employees whose basic wages arebetween Rs. 101 and Rs. 150 .. Rs. 62Employees whose basic wages arebetween Rs. 151 and Rs. 200 .. Rs. 67Employees whose basic wages arebetween Rs. 201 and Rs. 250 .. Rs. 72 Employees whose basic wages areRs. 251 and above .. Rs. 77Daily-rated Employees. Employees whose basic wageis between Rs. 0-14-0 andRs. 1-15-0 .. Rs. 1-11-0Employees whose basic wageis between Rs. 2 andRs. 3-14-0 .. Rs. 2-1-0Employees whose basic wageis between Rs. 3-15-0 andRs....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1028; [1960(1)FLR112]; (1960)IILLJ251SC; [1960]3SCR508
Das Gupta, J.1. This appeal is against an order of the Judge, Labour Court, Delhi, in an application under s. 33C of the Industrial Disputes Act by the respondent, K. C. Sud, by which the Court computed the amount due to the petitioner by way of gratuity under an award to be Rs. 80.42 np. only. Sud, who was a workman of the appellant company, M/s. Muller & Phipps (India) Ltd. was retrenched by the company on January 31, 1958. At that time a reference on the question of introduction of a gratuity scheme for the workmen of the company was pending before the Industrial Tribunal. An application by Sud against this order of retrenchment under s. 33A failed. In the reference above-mentioned the Court made an award framing a gratuity scheme in the following terms :- 'On the death of an employee while in the service of the company, or on his becoming physically or mentally incapable of further service, half a month's basic salary or wages for each year of continuous service shall be paid to th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC985; [1960(1)FLR28]; (1960)IILLJ586SC; [1960]3SCR488
Das Gupta, J.1. This appeal by the employer, the Muir Mills Co., Ltd., Kanpur, is against the decision of the Labour Appellate Tribunal of India, Bombay, modifying an award of the Adjudicator, Kanpur, in a reference made by the Government of U.P. under the provisions of Sections 3, 4 and 8 of the Industrial Disputes Act, 1947. The matter in dispute referred was originally set out in these terms :- 'Whether the employers have wrongfully and/or unjustifiably reduced the wages of their workmen of Carding Department, given in the annexure If so, to what relief are the workmen entitled and from what date ?' 2. By an order dated April 25, 1955, the Government amended this issue by substituting therefore the following :- 'Whether the employers have wrongfully and/or unjustifiably reduced the wages of their workmen of Carding Department, given in the annexure, by discontinuing the payment of production and/or special bonus, if so, to what relief are the workmen entitled and from what date ?' 3...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC932; [1960]3SCR499
Sinha, C.J. 1. This matter was placed before the Constitution Bench by an order of the Chamber Judge dated August 14, 1959, as it involved the vires of the rules framed under Art. 145 of the Constitution with particular reference to Rule 24 of Order IV-A of the Supreme Court Rules (as Amended). 2. It appears that on receipt of a letter dated April 28, 1959, from the Supreme Court Bar Association forwarding a copy of a resolution which had been passed by the Executive Committee of that Association, the Registrar initiated proceedings and held an enquiry under R. 24(2) of Chap. IV-A. The enquiry was made against two persons named Sant Ram and Budh Dev Sharma on a complaint made by the Honorary Secretary of the Supreme Court Bar Association. The complaint against those persons was to the effect that they were 'continuing their undesirable activities' and were seen every day in the Court premises and in the verandah in front of the Bar Association 'accosting clients'. On receipt of the Sec...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1068; (1960)62BOMLR903; [1960(1)FLR18]; (1960)IILLJ254SC; [1960]3SCR476
Gajendragadkar, J.1. This appeal arises from a writ petition filed by the appellant, Madhya Pradesh Mineral Industry Association, in which the appellant challenged the validity of the notification issued by the Madhya Pradesh State Government on March 30, 1952, under s. 5(2) of the Minimum Wages Act, 1948 (11 of 1948) (hereinafter called the Act). 2. The High Court of Bombay at Nagpur dismissed the appellant's petition but has granted the appellant a certificate of fitness under Art. 133(1)(c) of the Constitution. It is with the said certificate that the present appeal has been brought to this Court. 3. The appellant is a non-profit making company limited by guarantee and registered under s. 26 of the Indian Companies Act, 1913. It has been formed with the object of protecting and promoting the interest of its members-shareholders who are engaged in the mining industry by all legitimate and constitutional means. It appears that under Art. 258 of the Constitution the President of India ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC948; (1960)IILLJ238SC; [1960]3SCR466
Wanchoo, J.1. This is an appeal by special leave in an industrial matter. The appellant is The Standard Vacuum Refining Company of India Limited (hereinafter called the company). A dispute was raised by the workmen of the company (hereinafter called the respondents) with respect to contract labour employed by the company for cleaning maintenance of the refinery, (plant and premises) belonging to the company. The system in force in the company is that this work is given to contractors for a period of one year from October 1 to September 30. At the time when the reference was made the contract was with Ramji Gordhan and Company for the period from October 1, 1957, to September 30, 1958. On April 27, 1957, the respondents made a demand for abolition of the contract system that prevailed in the company and for absorbing the workmen employed through the contractors into the regular service of the company with retrospective effect from the date of their employment in the company through the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1264; [1960(1)FLR190]; (1960)ILLJ587SC; [1960]3SCR457
Gajendragadkar, J.1. This appeal by special leave arises from an industrial dispute between the appellant, Assam Oil Company Ltd., and the respondent, its workmen. The dispute was in regard to the termination of services of Miss P. Scott, one of the employees of the appellant. The respondent alleged that the said termination of Miss Scott's services was illegal and that was one of the points referred to the Industrial Tribunal, New Delhi, for its adjudication. The other point of dispute between the parties was in regard to the quantum and conditions of the payment of bonus for the year 1955-56 to the appellant's workmen. The industrial tribunal has directed the appellant to reinstate Miss Scott and to pay her all the back wages from the date of her dismissal until the date of her reinstatement. It has also ordered that Miss Scott should be paid bonus for the two years in question as specified in the award. The direction for the payment of bonus is not challenged by the appellant; but t...
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