ALEMBIC GLASS INDUSTRIES LTD. BARODA & OTHERS. versus THE WORKMEN & OTHERS

ALEMBIC GLASS INDUSTRIES LTD. BARODA & OTHERS. versus THE WORKMEN & OTHERS

Section 61 of the Employees' State Insurance Act, 1948 is not applicable as the benefits granted by the Tribunal are not similar to those under the Act. The Act does not deal with the grant of sick leave on full emoluments. The Tribunal's award of sick leave to workmen was justified and not illegal or unjust.

Source-derived case information.

Parties
Appellant: Alembic Glass Industries Ltd., Baroda & Others; Respondent: The Workmen & Others
Jurisdiction
India
Judgment Date
30 July 1976
Procedural Posture
Civil Appeal / Decision on Appeal by Special Leave
Outcome
Appeals dismissed except that the award in the case of Jyoti Ltd., Baroda is made effective from the date of its commencement.
Legal Topics
Sick Leave, Sickness Benefit, Employees' State Insurance Act, 1948
Labour Law Sick Leave Sickness Benefit Employees' State Insurance Act, 1948

Source-derived case record

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Parties

Alembic Glass Industries Ltd., Baroda & Others

Appellant

The Workmen & Others

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether Employees' State Insurance Act, 1948, Section 61, bars grant of sick leave.
  2. 2 Adequacy of sickness benefit under the Act.
  3. 3 Validity of Tribunal's award granting sick leave.

Ratio Decidendi

Section 61 of the Employees' State Insurance Act, 1948 is not applicable as the benefits granted by the Tribunal are not similar to those under the Act. The Act does not deal with the grant of sick leave on full emoluments. The Tribunal's award of sick leave to workmen was justified and not illegal or unjust.

Court Disposition

Appeals dismissed except that the award in the case of Jyoti Ltd., Baroda is made effective from the date of its commencement.

Orders

  • Appellant companies shall pay the workmen costs of these appeals, one set of counsel's fees.