MESSRS. SHALIMAR W'ORKS LIMITED. versus THEIR WORKMEN

MESSRS. SHALIMAR W'ORKS LIMITED. versus THEIR WORKMEN

The Court held that due to the illegal strike, failure to apply for remedies under section 33-A, and the substantial delay and vagueness in the reference, the tribunal was justified in refusing reinstatement even though the discharge order technically contravened section 33.

Parties
Appellant: Messrs. Shalimar Works Limited; Respondent: Their Workmen
Jurisdiction
India
Judgment Date
08 May 1959
Procedural Posture
Civil Appeals / Appeal by Special Leave From the Judgment and Order of the Labour Appellate Tribunal of India at Calcutta
Outcome
Appeal No. 317 by the company allowed in part. Appeal No. 318 by the workmen dismissed.
Legal Topics
Reinstatement of Workmen, Illegal Strike, Industrial Disputes Act, Profit Sharing Bonus, Delay and Vagueness in Reference
Labour Law Industrial Disputes Reinstatement of Workmen Illegal Strike Industrial Disputes Act Profit Sharing Bonus Delay and Vagueness in Reference

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Parties

Messrs. Shalimar Works Limited

Appellant

Their Workmen

Respondent

Procedural Posture

Civil Appeals / Appeal by Special Leave From the Judgment and Order of the Labour Appellate Tribunal of India at Calcutta

Legal Issues

  1. 1 Whether workmen discharged for illegal strike during pending adjudication without permission of tribunal are entitled to reinstatement on a delayed and vague reference.
  2. 2 Appropriateness of profit sharing bonus scheme revision.

Ratio Decidendi

The Court held that due to the illegal strike, failure to apply for remedies under section 33-A, and the substantial delay and vagueness in the reference, the tribunal was justified in refusing reinstatement even though the discharge order technically contravened section 33.

Court Disposition

Appeal No. 317 by the company allowed in part. Appeal No. 318 by the workmen dismissed.

Orders

  • Bonus to be paid according to the revised scheme set by the Industrial Tribunal, deleting the additional condition set by the Appellate Tribunal.
  • Order of the Appellate Tribunal for reinstatement stands only with respect to four named workmen, in view of company’s willingness; not for the remaining eleven.