THE BURMAH-SHELL REFINERIES LIMITED versus THEIR WORKMEN

THE BURMAH-SHELL REFINERIES LIMITED versus THEIR WORKMEN

The Tribunal was correct in awarding the same rate of bonus to clerical and labour staff, since there was no inflexible practice or overriding reason to differentiate, and all workmen as a whole contribute to the company's profits. There was no demonstrated basis for awarding a lower rate to clerical staff.

Parties
Appellant: The Burmah-Shell Refineries Limited; Respondent: Their Workmen
Jurisdiction
India
Judgment Date
01 February 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Award Dated May 18, 1958, of the Industrial Tribunal, Bombay, in Reference (i. T.) No. 106 of 1955
Outcome
Appeal dismissed with costs.
Legal Topics
Bonus, Wage Discrimination, Industrial Tribunals, Clerical and Labour Staff
Labour Law Industrial Disputes Bonus Wage Discrimination Industrial Tribunals Clerical and Labour Staff

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Parties

The Burmah-Shell Refineries Limited

Appellant

Their Workmen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Award Dated May 18, 1958, of the Industrial Tribunal, Bombay, in Reference (i. T.) No. 106 of 1955

Legal Issues

  1. 1 Whether bonus to clerical staff must be paid at a lower rate than labour staff in an oil company.
  2. 2 Whether the industrial tribunal was correct in awarding bonus to clerical staff at the same rate as labour staff.

Ratio Decidendi

The Tribunal was correct in awarding the same rate of bonus to clerical and labour staff, since there was no inflexible practice or overriding reason to differentiate, and all workmen as a whole contribute to the company's profits. There was no demonstrated basis for awarding a lower rate to clerical staff.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.