TATA CONSULTING ENGINEERS versus WORKMEN EMPLOYED AND VICE-VERSA

TATA CONSULTING ENGINEERS versus WORKMEN EMPLOYED AND VICE-VERSA

The Tribunal's award prescribing revised wage scales with retrospective effect was valid considering the financial capacity of the appellant and prevailing circumstances. The Tribunal's correction adding a flat increase to each employee was within its jurisdiction as an accidental omission under Rule 31, and not an impermissible supplementary award. The method of Dearness Allowance adopted by the Tribunal was justified and did not warrant interference.

Parties
Appellant/respondent: Tata Consulting Engineers; Respondent/appellant: Workmen employed (Tata Consultant Employees Union)
Jurisdiction
India
Judgment Date
13 November 1980
Procedural Posture
Civil Appeal (by Special Leave) / Final Merit Decision on Appeals Against Industrial Tribunal Award
Outcome
Appeals dismissed; both awards upheld.
Legal Topics
Wage Revision, Retrospectivity of Awards, Dearness Allowance, Industrial Tribunal Jurisdiction, Correction of Award (clerical Mistakes)
Labour Law Industrial Disputes Wage Revision Retrospectivity of Awards Dearness Allowance Industrial Tribunal Jurisdiction Correction of Award (clerical Mistakes)

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Parties

Tata Consulting Engineers

Appellant/respondent

Workmen employed (Tata Consultant Employees Union)

Respondent/appellant

Procedural Posture

Civil Appeal (by Special Leave) / Final Merit Decision on Appeals Against Industrial Tribunal Award

Legal Issues

  1. 1 Validity of retrospectivity prescribed in industrial award revising pay scales
  2. 2 Whether Tribunal's clarification granting flat increases is permissible under Rule 31 of Industrial Disputes (Bombay) Rules, 1957
  3. 3 Appropriateness of dearness allowance method adopted

Ratio Decidendi

The Tribunal's award prescribing revised wage scales with retrospective effect was valid considering the financial capacity of the appellant and prevailing circumstances. The Tribunal's correction adding a flat increase to each employee was within its jurisdiction as an accidental omission under Rule 31, and not an impermissible supplementary award. The method of Dearness Allowance adopted by the Tribunal was justified and did not warrant interference.

Court Disposition

Appeals dismissed; both awards upheld.

Orders

  • Both Civil Appeals (No. 2299 and No. 2300 of 1979) dismissed without costs.
  • No interference with the Tribunal's award or corrigenda.