WORKMEN OF M/S. BIRLA TEXTILES versus K.K. BIRLA AND ORS.

WORKMEN OF M/S. BIRLA TEXTILES versus K.K. BIRLA AND ORS.

Since the factory at Baddi was not functional as assumed in the earlier order, the directions regarding the reporting and employment of workmen need modification to ensure fair implementation. The substance of earlier directions is retained, but the process is adapted so only 937 workmen are employed immediately, with corresponding payment and registration. Remaining workmen are also to report and receive regular wages during their unemployment, and contempt proceedings are closed in view of these modifications.

Parties
Petitioner: Workmen of M/s Birla Textiles (Prop Texmaco Ltd., Calcutta); Respondent: K.K. Birla and Others (Management)
Jurisdiction
India
Judgment Date
24 March 1999
Procedural Posture
Contempt Petition (civil) / Disposition of Contempt Petition; Modification of Earlier Supreme Court Order
Outcome
Petitions disposed; contempt cases closed; orders modified and continued for due implementation of earlier directions.
Legal Topics
Factory Relocation, Implementation of Judicial Orders, Payment of Wages, Contempt Proceedings, Modification of Orders
Labour Law Constitutional Law Contempt of Court Factory Relocation Implementation of Judicial Orders Payment of Wages Contempt Proceedings Modification of Orders

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Parties

Workmen of M/s Birla Textiles (Prop Texmaco Ltd., Calcutta)

Petitioner

K.K. Birla and Others (Management)

Respondent

Procedural Posture

Contempt Petition (civil) / Disposition of Contempt Petition; Modification of Earlier Supreme Court Order

Legal Issues

  1. 1 Whether the management wilfully disobeyed Supreme Court directions regarding employment and benefits to workmen following factory relocation to Baddi
  2. 2 How to modify Supreme Court orders owing to non-functionality of factory for due implementation without altering substance

Ratio Decidendi

Since the factory at Baddi was not functional as assumed in the earlier order, the directions regarding the reporting and employment of workmen need modification to ensure fair implementation. The substance of earlier directions is retained, but the process is adapted so only 937 workmen are employed immediately, with corresponding payment and registration. Remaining workmen are also to report and receive regular wages during their unemployment, and contempt proceedings are closed in view of these modifications.

Court Disposition

Petitions disposed; contempt cases closed; orders modified and continued for due implementation of earlier directions.

Orders

  • 937 workmen to report at Baddi on 31-3-1999 and sign register before Deputy Labour Commissioner.
  • Management to pay Rs. 500 travel expenses to each of these 937 workmen after joining.