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1960 Supreme(SC) 318

K. SUBBA RAO, K. C. DAS GUPTA, P. B. GAJENDRAGADKAR
Rohtas Sugar LTD. ,s – Appellant
Versus
Their Workmen – Respondent


Advocates:
A.B.N.Sinha, B.P.MAHESHVARI, D.P.Singh, L.K.JHA, P.K.CHATTERJI, R.C.Prasad

Judgment

DAS GUPTA, J. : These appeals are against the order of the Labour Appellate Tribunal of India at Dhanbad by which the Labour Appellate Tribunal confirmed the order of the Industrial Tribunal awarding a retaining allowance to unskilled workmen at a rate of 5 percent of the basic wages for the period of the off season of numerous sugar industries in Bihar. The appellants - companies, the employees, in these sugar industries also challenge the correctness of the order made by the Industrial Tribunal and confirmed by the Labour Appellate Tribunal awarding the workmen attending the proceedings before the Industrial Tribunal, wages, travelling allowance and halting allowance and further directing that the workmen attending these proceedings would be treated on special leave with pay for the period of such attendance.

2. As regards these orders the appellants contend that they run counter to the pronouncements of this Court in Punjab National Bank Ltd. v. Sri Ram Kanwar, Industrial Tribunal, Delhi, 1957 SCR 220. This contention, we are bound to say, is correct. Whatever might have been said in support of the view taken by the Tribunals in ordering payment of these allowances and of












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