INDIAN OXYGEN LTD. versus THEIR WORKMEN

INDIAN OXYGEN LTD. versus THEIR WORKMEN

The Tribunal's award is operative only in respect of the workmen of the appellant company's factory at Jamshedpur, not at its other establishments; rate for overtime confirmed at 1.5 times ordinary wages for work beyond 39 hours up to 48 hours, but demand for special leave with pay to attend union/federation meetings and conventions is disallowed.

Parties
Appellant: Indian Oxygen Ltd.; Respondents: Their Workmen (represented by Indoxco Labour Union, Jamshedpur)
Jurisdiction
India
Judgment Date
05 August 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Award Dated September 28, 1964 of the Industrial Tribunal, Bihar in Reference No. 32 of 1963
Outcome
Appeal allowed in part.
Legal Topics
Scope of Industrial Awards, Trade Union Amendments, Overtime Compensation, Leave for Union Activity
Labour Law Industrial Disputes Scope of Industrial Awards Trade Union Amendments Overtime Compensation Leave for Union Activity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Indian Oxygen Ltd.

Appellant

Their Workmen (represented by Indoxco Labour Union, Jamshedpur)

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Award Dated September 28, 1964 of the Industrial Tribunal, Bihar in Reference No. 32 of 1963

Legal Issues

  1. 1 Whether the Tribunal's award applied only to workmen at Jamshedpur or to other establishments of the company
  2. 2 Principles for payment of overtime beyond normal duty hours
  3. 3 Entitlement of union representatives to special leave for attending union/federation meetings and conventions

Ratio Decidendi

The Tribunal's award is operative only in respect of the workmen of the appellant company's factory at Jamshedpur, not at its other establishments; rate for overtime confirmed at 1.5 times ordinary wages for work beyond 39 hours up to 48 hours, but demand for special leave with pay to attend union/federation meetings and conventions is disallowed.

Court Disposition

Appeal allowed in part.

Orders

  • Award operates only for workmen of Jamshedpur factory, not other establishments.
  • Overtime rate at 1.5 times ordinary wages confirmed.