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PETITIONER: IMPERIAL CHEMICAL INDUSTRIES (INDIA) PRIVATE LIMITED
Vs.
RESPONDENT: THE WORKMEN(AND CONNECTED APPEAL)
DATE OF JUDGMENT: 14/11/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. SARKAR, A.K. WANCHOO, K.N.
CITATION: 1961 AIR 1175 1961 SCR (2) 349 CITATOR INFO : RF 1964 SC1886 (5) R 1981 SC1829 (100) E 1984 SC 356 (2,4,6,11,14,16)
ACT: Industrial Dispute--Award, if can deprive workmen of pre- existing benefits--Age of retirement--Fixation--Relevant considerations--Failure of Tribunal to consider evidence adduced by parties--Duty of Supreme Court.
HEADNOTE: The workmen of the Imperial Chemical Industries at Bombay claimed, firstly, twice the employee’s normal rate of pay for the work done on Sundays and holidays and secondly that all employees of the company shall not compulsorily be retired by the company before they attain the age of 60. The company disputed the demands on the grounds that it had paid Sunday and holiday work allowance in terms of an earlier award, and as no change of circumstances had taken place since the making of the award a revision was not justified ; as for the age of retirement as it bad fixed the retirement age at 55 for all its employees throughout India, any revision would have repercussion in other branches of the company. The tribunal partly allowed the claim o...