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PETITIONER: BURN & CO., CALCUTTA
Vs.
RESPONDENT: THEIR EMPLOYEES(and connected appeal)
DATE OF JUDGMENT: 11/10/1956
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA BHAGWATI, NATWARLAL H. DAS, S.K. MENON, P. GOVINDA
CITATION: 1957 AIR 38 1956 SCR 781
ACT: Industrial Dispute-Tribunal’s award-Term of operation-If and when can be reopened in a subsequent dispute-Principle of res judicata, if applicable-Bonus-Claim when maintainable- Order passed by the Appellate Tribunal-Appealability-Power of Supreme Court in appeal-Industrial Disputes Act (XIV of 1947), s. 19(6)Industrial Disputes (Appellate Tribunal) Act (XLVIII of 1950), s. 7(1)(a)-Constitution of India, Art. 136.
HEADNOTE: An award of an Industrial Tribunal is intended to have a long term of operation, and can be reopened under s. 19(6) of the Industrial Disputes Act-XIV of 1947 only when there has been a material change in the circumstances on which it was based. To hold otherwise would be to defeat the two basic objects which all industrial legislations have in view, namely, to ensure to the workmen, a fair return for their labour and to prevent disputes between the employers and employees, so that production might not be affected and the interests of the society might not suffer. That although the rule of res judicata as enacted by s. 11 of the Code of Civil Procedure does not in te...