ATIC INDUSTRIES LTD. ETC. ETC. versus WORKMEN ETC. ETC.

ATIC INDUSTRIES LTD. ETC. ETC. versus WORKMEN ETC. ETC.

The Tribunal was justified, under the Industrial Disputes Act and established practice, in directing payment of a reasonable transport allowance (15 paise per day) to workmen staying more than five miles away, considering prevailing regional practices, potential labour migration, and the significant transport expenses not fully offset by wage and dearness allowance scales. Such authority is consistent with established legal principles and not arbitrary or without jurisdiction.

Parties
Appellant: ATIC Industries Ltd.; Appellant: Atul Products Ltd.; Respondent: Workmen
Jurisdiction
India
Judgment Date
14 March 1972
Procedural Posture
Civil Appeals / Supreme Court on Appeal by Special Leave
Outcome
All appeals dismissed. Tribunal's award confirmed.
Legal Topics
Industrial Disputes, Transport Allowance, Wages, Region Cum Industry Principle
Labour Law Industrial Law Industrial Disputes Transport Allowance Wages Region Cum Industry Principle

Case Brief

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Parties

ATIC Industries Ltd.

Appellant

Atul Products Ltd.

Appellant

Workmen

Respondent

Procedural Posture

Civil Appeals / Supreme Court on Appeal by Special Leave

Legal Issues

  1. 1 Whether the Industrial Tribunal was justified in directing payment of transport allowance to workmen residing more than five miles from the place of work
  2. 2 Whether the Tribunal has jurisdiction to impose new obligations on the employer in the interest of social justice

Ratio Decidendi

The Tribunal was justified, under the Industrial Disputes Act and established practice, in directing payment of a reasonable transport allowance (15 paise per day) to workmen staying more than five miles away, considering prevailing regional practices, potential labour migration, and the significant transport expenses not fully offset by wage and dearness allowance scales. Such authority is consistent with established legal principles and not arbitrary or without jurisdiction.

Court Disposition

All appeals dismissed. Tribunal's award confirmed.

Orders

  • Awards of the Industrial Tribunal in respect of demand No. 4 in Civil Appeal No. 742 of 1968 and demand No. 6 in Civil Appeal No. 809 of 1968 are confirmed.
  • All appeals are dismissed. Parties will bear their own costs.