MCLEOD AND COMPANY LTD. versus WORKMEN

MCLEOD AND COMPANY LTD. versus WORKMEN

Provision for tiffin, in addition to wages and dearness allowance, was an implied amenity for employees. Limited direction to discontinue re-employment of retired clerks above C grade is neither improper nor unjustified, given issues concerning reduced salaries and promotion prospects.

Parties
Appellant: Mcleod and Company Ltd.; Respondent: Workmen
Jurisdiction
India
Judgment Date
29 November 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From Award Dated August 21, 1962 of Fourth Industrial Tribunal, West Bengal in Case No. VIII 332 of 1961
Outcome
Appeal dismissed
Legal Topics
Implied Condition of Service, Tiffin Allowance, Re Employment of Retired Persons, Industrial Tribunal Awards

Case Brief

Summary, issues, holding and outcome

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Parties

Mcleod and Company Ltd.

Appellant

Workmen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Award Dated August 21, 1962 of Fourth Industrial Tribunal, West Bengal in Case No. VIII 332 of 1961

  1. 1 Whether workmen are entitled to cash allowance in lieu of tiffin arrangements
  2. 2 Whether the practice of re-employing retired persons should be discontinued

Ratio Decidendi

Provision for tiffin, in addition to wages and dearness allowance, was an implied amenity for employees. Limited direction to discontinue re-employment of retired clerks above C grade is neither improper nor unjustified, given issues concerning reduced salaries and promotion prospects.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs