JAYDIP INDUSTRIES, THANA versus THE WORKMEN

JAYDIP INDUSTRIES, THANA versus THE WORKMEN

The Tribunal was not bound by the minimum wage rates fixed by the Government under Section 3 of the Minimum Wages Act, 1948 and could fix higher rates during the pendency of dispute. The rates fixed were minimum wages as explained by the Supreme Court, and the employer's capacity to pay was irrelevant.

Parties
Appellant: Jaydip Industries, Thana; Respondent: The Workmen
Jurisdiction
India
Judgment Date
16 December 1971
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Minimum Wages, Industrial Dispute, Jurisdiction of Industrial Tribunal
Labour Law Minimum Wages Industrial Dispute Jurisdiction of Industrial Tribunal

Case Brief

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Parties

Jaydip Industries, Thana

Appellant

The Workmen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether the Industrial Tribunal can fix minimum wages at rates higher than those fixed by the government during the pendency of an industrial dispute?
  2. 2 Whether what was fixed by the Tribunal were minimum wages as per the Minimum Wages Act, 1948?

Ratio Decidendi

The Tribunal was not bound by the minimum wage rates fixed by the Government under Section 3 of the Minimum Wages Act, 1948 and could fix higher rates during the pendency of dispute. The rates fixed were minimum wages as explained by the Supreme Court, and the employer's capacity to pay was irrelevant.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs