KAYS CONSTRUCTION CO. (P) LTD. versus STATE OF UITAR PRADESH AND OTHERS

KAYS CONSTRUCTION CO. (P) LTD. versus STATE OF UITAR PRADESH AND OTHERS

Back wages that require only simple arithmetical calculation, even if the exact amount has not yet been determined, constitute 'money due' under s. 6-H(1) of the U.P. Industrial Disputes Act, 1947. Proceedings for recovery under s. 6-H(1) are appropriate; recourse to s. 6-H(2) is not needed where only arithmetical calculation is required.

Parties
Appellant: KAYS CONSTRUCTION CO. (P) LTD.; Respondents: STATE OF UTTAR PRADESH AND OTHERS
Jurisdiction
India
Judgment Date
26 November 1964
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment by Special Leave
Outcome
appeal dismissed
Legal Topics
Industrial Disputes, Recovery of Wages, Interpretation of U.p. Industrial Disputes Act, 1947
Labour Law Industrial Disputes Recovery of Wages Interpretation of U.p. Industrial Disputes Act, 1947

Case Brief

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Parties

KAYS CONSTRUCTION CO. (P) LTD.

Appellant

STATE OF UTTAR PRADESH AND OTHERS

Respondents

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment by Special Leave

Legal Issues

  1. 1 Whether back wages not exactly calculated but amenable to arithmetical calculation constitute 'money due' under s. 6-H(1) or 'benefit capable of being computed in terms of money' under s. 6-H(2) of the U.P. Industrial Disputes Act, 1947

Ratio Decidendi

Back wages that require only simple arithmetical calculation, even if the exact amount has not yet been determined, constitute 'money due' under s. 6-H(1) of the U.P. Industrial Disputes Act, 1947. Proceedings for recovery under s. 6-H(1) are appropriate; recourse to s. 6-H(2) is not needed where only arithmetical calculation is required.

Court Disposition

appeal dismissed

Orders

  • The appeal fails and is dismissed with costs.
  • Companion appeal also dismissed; no order on costs in that appeal.