THE BIJAY COTTON MILLS LTD. versus THEIR WORKMEN & ANOTHER

THE BIJAY COTTON MILLS LTD. versus THEIR WORKMEN & ANOTHER

The Labour Appellate Tribunal was correct in relying on the statutory notification fixing minimum wages under the Minimum Wages Act as the best guide, and no error of law was committed in awarding the same basic wage for the period prior to the notification's coming into force. Procedural objections to the tribunal's appointment were unfounded, given the appropriate Government's competence to appoint a new Tribunal when previous services were unavailable.

Parties
Appellant: The Bijay Cotton Mills Ltd.; Respondent: Their Workmen; Respondent: Labour Appellate Tribunal
Jurisdiction
India
Judgment Date
12 February 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Decision Dated December 12, 1956 of the Labour Appellate Tribunal of India, Bombay in Appeal (born.) Nos. 77 and 103 of 1956
Outcome
Appeal dismissed
Legal Topics
Minimum Wages, Statutory Notification, Appellate Review, Appropriate Government, Tribunal Appointment
Labour Law Industrial Disputes Minimum Wages Statutory Notification Appellate Review Appropriate Government Tribunal Appointment

Case Brief

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Parties

The Bijay Cotton Mills Ltd.

Appellant

Their Workmen

Respondent

Labour Appellate Tribunal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Decision Dated December 12, 1956 of the Labour Appellate Tribunal of India, Bombay in Appeal (born.) Nos. 77 and 103 of 1956

Legal Issues

  1. 1 Whether the Labour Appellate Tribunal erred in awarding the minimum basic wage fixed by statutory notification after the Tribunal's award
  2. 2 Whether the appointment of the Industrial Tribunal was valid
  3. 3 Which authority is considered the appropriate government for referring disputes in a controlled industry

Ratio Decidendi

The Labour Appellate Tribunal was correct in relying on the statutory notification fixing minimum wages under the Minimum Wages Act as the best guide, and no error of law was committed in awarding the same basic wage for the period prior to the notification's coming into force. Procedural objections to the tribunal's appointment were unfounded, given the appropriate Government's competence to appoint a new Tribunal when previous services were unavailable.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs