M/S. ROHTAS SUGAR LTD., & OTHERS versus THEIR WORKMEN

M/S. ROHTAS SUGAR LTD., & OTHERS versus THEIR WORKMEN

In the absence of adequate material regarding alternative employment, attachment to factory, and efficiency benefits, a better course for alleviating the distress of seasonal unskilled workmen is to raise the wage structure, taking into account the seasonal nature of their employment, rather than awarding retaining allowance for the entire off-season. The Wage Board should address this, and until its decision, retaining allowance is to be paid as undertaken by the employers. Orders for travelling and halting allowances, as well as special leave with pay, are set aside in light of binding precedent.

Parties
Appellant: M/s. Rohtas Sugar Ltd. & Others; Respondent: Their Workmen; Intervener: Intervener
Jurisdiction
India
Judgment Date
12 February 1960
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
appeal allowed
Legal Topics
Retaining Allowance, Seasonal Unskilled Workmen, Wage Structure, Industrial Dispute, Allowances on Attending Tribunal Proceedings
Labour Law Industrial Law Retaining Allowance Seasonal Unskilled Workmen Wage Structure Industrial Dispute Allowances on Attending Tribunal Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

M/s. Rohtas Sugar Ltd. & Others

Appellant

Their Workmen

Respondent

Intervener

Intervener

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether retaining allowance should be paid to unskilled seasonal workmen during the off season.
  2. 2 Whether travelling, halting allowances, and special leave with pay for attending proceedings are payable.

Ratio Decidendi

In the absence of adequate material regarding alternative employment, attachment to factory, and efficiency benefits, a better course for alleviating the distress of seasonal unskilled workmen is to raise the wage structure, taking into account the seasonal nature of their employment, rather than awarding retaining allowance for the entire off-season. The Wage Board should address this, and until its decision, retaining allowance is to be paid as undertaken by the employers. Orders for travelling and halting allowances, as well as special leave with pay, are set aside in light of binding precedent.

Court Disposition

appeal allowed

Orders

  • Order awarding retaining allowance to unskilled workmen by the Labour Appellate Tribunal of India, Dhanbad, set aside.
  • Order regarding payment of halting allowance, travelling allowance, and special leave with pay for attending proceedings set aside.