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PETITIONER: ALEMBIC CHEMICAL WORKS CO., LTD.
Vs.
RESPONDENT: THE WORKMEN
DATE OF JUDGMENT: 15/12/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. WANCHOO, K.N. GUPTA, K.C. DAS
CITATION: 1961 AIR 647 1961 SCR (3) 297 CITATOR INFO : R 1967 SC1286 (24) RF 1972 SC1967 (2,3) F 1973 SC1156 (7) RF 1978 SC 769 (3) D 1981 SC1685 (9)
ACT: Industrial Dispute-Award of privilege leave-Jurisdiction- Industrial Disputes Act, 1947 (14 of 1947), s. 10 (1)(d)- Factories Act, 1948 (63 of 1948), ss. 79, 78, 84.
HEADNOTE: It is not correct to say that S. 79 of the Factories Act, 1948, standardises the grant of annual leave with wages to employees to whom the Act applies and that neither the employer by voluntary agreement nor the Industrial Tribunal by its award can vary that standard. It is well settled that in construing the provisions of a welfare legislation, such as the Act in question which has for its object the preservation of the health, safety and welfare of the workmen, courts should apply the rule of beneficent construction and moreover, ss. 78 and 84 of the Act put it beyond doubt that S. 79(1) is not intended to standardise annual leave with wages by providing the maximum. Rightly construed S. 78(1) of the Act not only protects past laws, awards, agreements and contracts but also those ...