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M/S. BURN & CO. LTD. & OTHERS v. THEIR EMPLOYEES.

Supreme Court of India | Diary 71/1959

Status

Judgment

Decided On

1960-03-30

Bench

WANCHOO, K.N.

Petitioner

M/S. BURN & CO. LTD. & OTHERS

Respondent

THEIR EMPLOYEES.

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Full Judgment Text

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PETITIONER: M/S. BURN & CO. LTD. & OTHERS

Vs.

RESPONDENT: THEIR EMPLOYEES.

DATE OF JUDGMENT: 30/03/1960

BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. GAJENDRAGADKAR, P.B. GUPTA, K.C. DAS

CITATION: 1960 AIR 896 1960 SCR (3) 423 CITATOR INFO : F 1963 SC 325 (20,21,22) F 1964 SC 472 (3) RF 1972 SC2148 (22) RF 1975 SC1114 (3)

ACT: Industrial Dispute-Incentive bonus--Scheme--Exclusion of clerical and subordinate staff--Propriety--Power of Industrial Tribunal.

HEADNOTE: There can be no doubt from the point of view of Economics that the clerical and subordinate staff of an industry like its manual workers contribute to its production and there can, therefore, be no reason for excluding them wholly from the benefits of a scheme of incentive bonus. The fact that the clerical staff are paid dearness allowance at a higher scale can be no reason for their exclusion. (1)[1956] 30 I.T.R. 388 424 Where, as in the instant case, the company had already Introduced a scheme of incentive bonus for the majority of its workmen, there could be no reason why the Industrial Tribunal should not be able to extend that scheme to the clerical and subordinate staff. M/s. Titaghur Paper Mills Co. Ltd. v. Their Workmen, [1959] Supp. 2 S.C.R. 1012, considered.

JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 195 and 196 of 1959. Ap...

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