M/S. NORTH BROOK JUTE CO. LTD. AND ANOTHER versus THEIR WORKMEN

M/S. NORTH BROOK JUTE CO. LTD. AND ANOTHER versus THEIR WORKMEN

Introduction of a rationalisation scheme by the employer during the pendency of a reference to the Industrial Tribunal, without waiting for expiry of statutory notice period and without consent of the Union, amounted to alteration of conditions of service to the prejudice of workmen in contravention of Section 33 of...

Source-derived case information.

Parties
Appellant: M/S. NORTH BROOK JUTE CO. LTD. AND ANOTHER; Respondent: Their Workmen
Jurisdiction
India
Judgment Date
23 March 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Award Dated July 19, 1958 of the Fourth Industrial Tribunal, West Bengal, in Case No. VIII 240 (166)/57
Outcome
Appeal dismissed with costs
Legal Topics
Industrial Disputes, Rationalisation Scheme, Lock Out, Strike, Conditions of Service, Wages
Labour Law Industrial Disputes Rationalisation Scheme Lock Out Strike Conditions of Service Wages

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

M/S. NORTH BROOK JUTE CO. LTD. AND ANOTHER

Appellant

Their Workmen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Award Dated July 19, 1958 of the Fourth Industrial Tribunal, West Bengal, in Case No. VIII 240 (166)/57

Legal Issues

  1. 1 Whether the workmen are entitled to wages for the period of lock-out resulting from the introduction of the rationalisation scheme
  2. 2 Whether the approval of the rationalisation scheme by the Works Committee is binding on workmen and their Union
  3. 3 Whether the introduction of the rationalisation scheme during the pendency of the reference to the Tribunal contravened Section 33 of the Industrial Disputes Act

Ratio Decidendi

Introduction of a rationalisation scheme by the employer during the pendency of a reference to the Industrial Tribunal, without waiting for expiry of statutory notice period and without consent of the Union, amounted to alteration of conditions of service to the prejudice of workmen in contravention of Section 33 of the Industrial Disputes Act, 1947. Consequently, the resultant lock-out was illegal, and the workmen were entitled to wages for the period of absence caused by such lock-out.

Court Disposition

Appeal dismissed with costs

Orders

  • Workmen are entitled to wages for the period of absence caused by the illegal lock-out