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1960 Supreme(SC) 89

K.C.DAS GUPTA, P.B.GAJENDRAGADKAR
Management Of Kairbetta Estate, Kotagiri P. O. – Appellant
Versus
Rajamanickarn – Respondent


Advocates:
G.B.PAI, M.K.RAMAMURTHY, SARDAR BAHADUR SAHARYA, T.S.VENKATA RAMANA

Judgment

GAJENDRAGADKAR, J.: This appeal by special leave is directed against the order passed by the Labour Court at Coimbatore directing the appellant, the Management of the Kairbetta Estate, Kotagiri, to pay lay off compensation to its workmen, the respondents, for the period between July 28, 1957, to September 2, 1957. This order was passed on a complaint filed by the respondents before the Labour court under S. 33C (2) of the Industrial Disputes Act XIV of 1947 (hereinafter called the Act).

2. The material facts leading to the respondents complaint must be set out briefly at the outset. On July 26, 1957, Mr. Ramakrishna Iyer, the appellant s Manager, was assaulted by some of the workmen of the appellant. He suffered six fractures and had to be in hospital in Coonoor and Madras for over a month. The appellants staff working in the division known as kelso Division was also threatened by the workmen. As a result of these threats three members of the staff wrote to the appellants on July 27, 1957, that they were afraid to go down to the lower division and it was impossible for them to work there because their lives were in danger. They added that the workers in the lower division w










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