SARVA SHRAMIK SANGH, BOMBAY versus INDIAN HUME PIPE CO. LTD. AND ANR.

SARVA SHRAMIK SANGH, BOMBAY versus INDIAN HUME PIPE CO. LTD. AND ANR.

The Industrial Tribunal/Labour Court has jurisdiction to grant relief from a date anterior to the date on which the industrial dispute was raised, provided such retrospective relief is justified on the facts and circumstances of the case; demand raised on 19.3.1973 was a reiteration of the earlier demand, and the Tribunal's award of dearness allowance from 1.1.1968 was valid.

Parties
Appellant Union: Sarva Shramik Sangh, Bombay; Respondent Employer: Indian Hume Pipe Co. Ltd.; Respondent: Another (not named)
Jurisdiction
India
Judgment Date
12 February 1993
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Bombay High Court
Outcome
appeal allowed; Division Bench judgment set aside; writ petition dismissed
Legal Topics
Industrial Disputes Act, Award of Industrial Tribunal, Retrospective Relief, Dearness Allowance, Jurisdiction of Tribunal
Labour Law Industrial Disputes Act Award of Industrial Tribunal Retrospective Relief Dearness Allowance Jurisdiction of Tribunal

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Parties

Sarva Shramik Sangh, Bombay

Appellant Union

Indian Hume Pipe Co. Ltd.

Respondent Employer

Another (not named)

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Bombay High Court

Legal Issues

  1. 1 Whether Industrial Tribunals/Labour Courts have power to grant relief from a date anterior to the date on which the industrial dispute is raised
  2. 2 Whether the Tribunal rightly granted dearness allowance to daily-rated workmen with retrospective effect

Ratio Decidendi

The Industrial Tribunal/Labour Court has jurisdiction to grant relief from a date anterior to the date on which the industrial dispute was raised, provided such retrospective relief is justified on the facts and circumstances of the case; demand raised on 19.3.1973 was a reiteration of the earlier demand, and the Tribunal's award of dearness allowance from 1.1.1968 was valid.

Court Disposition

appeal allowed; Division Bench judgment set aside; writ petition dismissed

Orders

  • Judgment and Order of Division Bench of Bombay High Court in Appeal No. 247 of 1977 dated 1.9.1992 set aside
  • Writ Petition filed by management in Bombay High Court questioning Tribunal award dated 3.1.1977 dismissed