WOOLCOMBERS OF INDIA LTD. versus WOOLCOMBERS WORKERS UNION AND ANOTHER
The Tribunal's award on basic wages and dearness allowance cannot be upheld due to lack of supporting reasons and absence of proper comparison with reasonably similar concerns in the region, as required by the industry-cum-region formula; Tribunal must record a fresh finding based on proper evidence and reasoning.
- Parties
- Appellant: Woolcombers of India Ltd.; Respondent: Woolcombers Workers Union; Respondent: Issac Holdens Mazdoor Union
- Jurisdiction
- India
- Judgment Date
- 27 August 1973
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From the Award of the Industrial Tribunal
- Outcome
- Remand
- Legal Topics
- Fixation of Minimum Wage, Industry Cum Region Formula, Dearness Allowance, Quasi Judicial Duty to Give Reasons
Case Brief
Summary, issues, holding and outcome
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Parties
Woolcombers of India Ltd.
Appellant
Woolcombers Workers Union
Respondent
Issac Holdens Mazdoor Union
Respondent
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Award of the Industrial Tribunal
Legal Issues
- 1 What is the bare minimum wage and fair wage?
- 2 Principles for fixation of basic wages and dearness allowance
- 3 Duty of Tribunal to provide reasons for its award
Ratio Decidendi
The Tribunal's award on basic wages and dearness allowance cannot be upheld due to lack of supporting reasons and absence of proper comparison with reasonably similar concerns in the region, as required by the industry-cum-region formula; Tribunal must record a fresh finding based on proper evidence and reasoning.
Court Disposition
Remand
Orders
- Tribunal directed to record a fresh finding on the quantum of basic wages and dearness allowance by applying the region part of the industry-cum-region formula and in the light of this Court's judgment.
- Parties allowed to adduce evidence on this limited question.
Full Case Text
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