THE INDIAN OXYGEN LIMITED versus WORKMEN AND OTHERS

THE INDIAN OXYGEN LIMITED versus WORKMEN AND OTHERS

On the facts, revision of wage scales was justified due to increased cost of living since 1949 and 1957, and comparison was made primarily with engineering concerns, which the appellant itself relied upon. Minor slips in the Tribunal's award do not vitiate the outcome. Classification as directed by the Tribunal—to be made by the appellant in consultation with unions—is not erroneous.

Parties
Appellant: The Indian Oxygen Limited; Respondents: Workmen and Others
Jurisdiction
India
Judgment Date
06 December 1962
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Award Dated March 10, 1962, of the Industrial Tribunal, Maharashtra, in Reference No. (it) 114 of 1961
Outcome
Appeal dismissed except for slight modification.
Legal Topics
Wage Revision, Job Classification
Labour Law Industrial Disputes Wage Revision Job Classification

Case Brief

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Parties

The Indian Oxygen Limited

Appellant

Workmen and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Award Dated March 10, 1962, of the Industrial Tribunal, Maharashtra, in Reference No. (it) 114 of 1961

Legal Issues

  1. 1 Whether the wage scales fixed by the Tribunal required revision
  2. 2 Whether the Tribunal erred in leaving classification of workmen to the employer after consulting unions

Ratio Decidendi

On the facts, revision of wage scales was justified due to increased cost of living since 1949 and 1957, and comparison was made primarily with engineering concerns, which the appellant itself relied upon. Minor slips in the Tribunal's award do not vitiate the outcome. Classification as directed by the Tribunal—to be made by the appellant in consultation with unions—is not erroneous.

Court Disposition

Appeal dismissed except for slight modification.

Orders

  • Correction: Grade of masons fixed at 60-4-100-5-110.
  • No order as to costs.