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1959 Supreme(SC) 93

K. N. WANCHOO, N. H. BHAGWATI, P. B. GAJENDRAGADKAR, S. K. DAS, S. R. DASS
Titaghur Paper Mills Company LTD. : Bengal Kagazkal Mazdoor Union: Bengal Kagazkal Mazdoor Union: Bengal Kagazkal Mazdoor Union – Appellant
Versus
Ir Workmen: Titaghvr Paper Mills Company LTD. : Indian National Trade Union Congress: All India Trade Union Congress – Respondent


Advocates:
A.Roy, B.N.GHOSH, C.K.DAFTARY, D.N.MUKHERJI, G.D.AMBUKAR, H.N.SANYAL, JANARDAN SHARMA, M.C.SETALVAD, M.K.RAMAMURTHY, N.H.Hingorani, SADHAN CHANDRA GUPTA

Judgement

K. N. WANCHOO J. : These are three appeals by special leave from the same decision of the Labour Appellate Tribunal of India and will be dealt with together. The first two appeals (Nos. 450 and 451) are by Messrs. Titaghur Paper Mills Co, Ltd. and the third (No. 514) by its workmen.

2. Titaghur Paper Mills Co. Ltd. (hereinafter called the company) own two paper mills one at Titaghur (hereinafter called Mill No. 1) and the other at Kankinarah (hereinafter called Mill No. 2). It appears that there had been a dispute between the company and its workmen in 1948, which was referred to the adjudication of a tribunal. That was disposed of by the tribunal on 5-11-1949. Among the matters then referred was the question of profits bonus for the years 1945-46 and 1946-47. When that matter was under the consideration of the tribunal, the company put forward a scheme of production bonus on the basis of a minimum production of 30,000 tons of paper in a year in the two mills together. The basis of the scheme was that the workmen would get 13 days basic wage (this being equivalent to half of one month s basic wage) by way of bonus on a production of 30,000 tons for both mills. Thereafter t




























































































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