OIL & NATURAL GAS COMMISSION versus THE WORKMEN

OIL & NATURAL GAS COMMISSION versus THE WORKMEN

There was no evidence that 6.5 hours per day was a condition of service; only a temporary arrangement existed during factory construction. Management's decision to fix 8 hours per day after completion was within competence and not violative of s. 9A of the Industrial Disputes Act. The Tribunal was not justified in reducing hours or granting compensation.

Parties
Appellant: Oil & Natural Gas Commission; Respondent: The Workmen; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
28 September 1972
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision From National Industrial Tribunal Award
Outcome
Appeal allowed
Legal Topics
Working Hours, Conditions of Service, Industrial Disputes, Administrative Staff Rights
Industrial Law Labour Law Working Hours Conditions of Service Industrial Disputes Administrative Staff Rights

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 9 Party arguments 2
Sign in to unlock

Parties

Oil & Natural Gas Commission

Appellant

The Workmen

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision From National Industrial Tribunal Award

Legal Issues

  1. 1 Whether the working hours of the administrative staff at Oil & Natural Gas Commission, Baroda, should be fixed at 6.5 hours or 8 hours per day
  2. 2 Whether change to 8 hours per day violated s. 9A of the Industrial Disputes Act
  3. 3 Whether compensation is payable for extra hours worked

Ratio Decidendi

There was no evidence that 6.5 hours per day was a condition of service; only a temporary arrangement existed during factory construction. Management's decision to fix 8 hours per day after completion was within competence and not violative of s. 9A of the Industrial Disputes Act. The Tribunal was not justified in reducing hours or granting compensation.

Court Disposition

Appeal allowed

Orders

  • Award reducing working hours from 8 to 6.5 hours in Baroda Central Offices set aside
  • Order granting compensation at 10% of salary set aside