PFIZER (P) LTD. BOMBAY versus THE WORKMEN

PFIZER (P) LTD. BOMBAY versus THE WORKMEN

The appellant is allowed to introduce three shifts in its factory as the process of manufacturing P.A.S. is continuous and such arrangement is necessary to improve quality and quantity of production. The appellant's Standing Orders permit shifts but are not absolute; changes must be scrutinized in industrial adjudication. The reduction of paid holidays is justified for greater production, but should be limited to 16 days per year, rather than the drastic reduction to 10 imposed by the Tribunal.

Parties
Appellant: Pfizer Private Ltd., Bombay; Respondent: The Workmen
Jurisdiction
India
Judgment Date
30 November 1962
Procedural Posture
Civil Appeals / Appeal From Industrial Tribunal Award by Special Leave
Outcome
Appeals allowed, Tribunal award modified.
Legal Topics
Industrial Disputes, Shifts System, Reduction of Paid Holidays, Role and Scrutiny of Standing Orders, Emergency Effects on Adjudication
Labour and Industrial Law Industrial Disputes Shifts System Reduction of Paid Holidays Role and Scrutiny of Standing Orders Emergency Effects on Adjudication

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Parties

Pfizer Private Ltd., Bombay

Appellant

The Workmen

Respondent

Procedural Posture

Civil Appeals / Appeal From Industrial Tribunal Award by Special Leave

Legal Issues

  1. 1 Whether the appellant company is entitled to introduce three shifts in its factory
  2. 2 Whether the reduction of paid holidays from 27 to a lower number is justified

Ratio Decidendi

The appellant is allowed to introduce three shifts in its factory as the process of manufacturing P.A.S. is continuous and such arrangement is necessary to improve quality and quantity of production. The appellant's Standing Orders permit shifts but are not absolute; changes must be scrutinized in industrial adjudication. The reduction of paid holidays is justified for greater production, but should be limited to 16 days per year, rather than the drastic reduction to 10 imposed by the Tribunal.

Court Disposition

Appeals allowed, Tribunal award modified.

Orders

  • Three shifts permitted subject to Tribunal's determination of additional compensation for employees; interim arrangements continue until then.
  • Number of paid holidays in a year increased from 10 to 16.