WORKMEN OF SUDDER WORKSHOP OF JOREHAUT TEA CO. LTD. versus ITS MANAGEMENT AND VICE-VERSA

WORKMEN OF SUDDER WORKSHOP OF JOREHAUT TEA CO. LTD. versus ITS MANAGEMENT AND VICE-VERSA

The workmen's plea for additional retrenchment compensation based on the Wage Board scales for Section 25F non-compliance was not raised before the Tribunal or High Court and cannot be entertained before the Supreme Court; however, the 16 workmen are entitled to the wage difference for the period 1-4-1966 to 5-11-1966. The management's retrenchment of seven workmen violated Section 25G as no valid or justifiable reason was recorded for deviation from the 'last come, first go' rule within the same category, and mere division into grades did not create separate categories for Section 25G purposes.

Parties
Appellant/respondent: Workmen of Sudder Workshop of Jorehaut Tea Co. Ltd.; Appellant/respondent: Management of Jorehaut Tea Co. Ltd.
Jurisdiction
India
Judgment Date
01 May 1980
Procedural Posture
Civil Appeals / Supreme Court Decision on Appeals by Special Leave Against High Court Judgment Affirming Industrial Tribunal's Award
Outcome
Both appeals dismissed; award of Tribunal (affirmed by High Court) largely upheld with modifications as to monetary compensation.
Legal Topics
Retrenchment, Industrial Disputes Act, Section 25 F, Section 25 G, Wage Board Awards, Back Wages
Labour and Industrial Law Retrenchment Industrial Disputes Act Section 25 F Section 25 G Wage Board Awards Back Wages

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Parties

Workmen of Sudder Workshop of Jorehaut Tea Co. Ltd.

Appellant/respondent

Management of Jorehaut Tea Co. Ltd.

Appellant/respondent

Procedural Posture

Civil Appeals / Supreme Court Decision on Appeals by Special Leave Against High Court Judgment Affirming Industrial Tribunal's Award

Legal Issues

  1. 1 Whether the retrenchment compensation under Section 25F was correctly computed as per revised Wage Board scales and, if not, whether retrenchment was invalid
  2. 2 Whether the retrenchment of seven workmen violated the 'last come, first go' principle under Section 25G of the Industrial Disputes Act

Ratio Decidendi

The workmen's plea for additional retrenchment compensation based on the Wage Board scales for Section 25F non-compliance was not raised before the Tribunal or High Court and cannot be entertained before the Supreme Court; however, the 16 workmen are entitled to the wage difference for the period 1-4-1966 to 5-11-1966. The management's retrenchment of seven workmen violated Section 25G as no valid or justifiable reason was recorded for deviation from the 'last come, first go' rule within the same category, and mere division into grades did not create separate categories for Section 25G purposes.

Court Disposition

Both appeals dismissed; award of Tribunal (affirmed by High Court) largely upheld with modifications as to monetary compensation.

Orders

  • 16 workmen to be paid difference between Wage Board scale and actual compensation for period 1-4-1966 to 5-11-1966.
  • For seven reinstated workmen, half the back wages between the date of retrenchment and the date of award publication shall be paid as per the award; full wages for the post-Award period until the 13-4-1971 High Court judgment, and 75% of wages until 30-4-1980.