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PETITIONER: MESSRS. CROWN ALUMINIUM WORKS
Vs.
RESPONDENT: THEIR WORKMEN.
DATE OF JUDGMENT: 15/10/1957
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. BHAGWATI, NATWARLAL H. DAS, S.K.
CITATION: 1958 AIR 30 1958 SCR 651
ACT: Industrial Dispute-Adjudication-Constitution of wage struc- ture-Revision of such structure, if can be made to the Prejudice of workmen-Convention-Governing Principle.
HEADNOTE: Although there can be no rigid and inexorable convention that a wage structure once fixed can never be changed to the prejudice of the workmen, there are well-recognised principles on which such revision must be founded, one important principle, to which there can be no exception, is that the wages of workmen cannot be allowed to fall below the bare subsistence level. It follows, therefore, that no industry can have the right to exist if it cannot be maintained except by bringing the wages below that level. The Constitution of India seeks to create a democratic welfare state and secure social and economic justice to the citizens. Growth of industries and the advent of collective bargaining between organised labour and capital with consequent industrial legislation have made absolute freedom of contract and th...