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1960 Supreme(SC) 112

P. B. GAJENDRAGADKAR, K. C. DAS GUPTA, K. N. WANCHOO
Muir Mills Company LTD. , Kanpur – Appellant
Versus
Their Workmen – Respondent


Advocates:
G.N.DIKSHIT, G.S.PATHAK, J.P.GOYAL, K.K.SINHA, MAQBUL AHMAD KHAN, S.P.SINHA

Judgment

DAS GUPTA, J.: This appeal by the employer the Muir Mills Co. Ltd., Kanpur is against the decision of the Labour Appellant Tribunal of India, Bombay modifying an award of the Adjudicator Kanpur in a reference made by the Government of U. P. under the provisions of Ss. 3, 4 and 8 of the Industrial Disputes Act, 1947. The matter in dispute referred was originally set out in these terms:

"Whether the employers have wrongfully and/or unjustifiably reduced the wages of their workmen of carding department, given in the annexure? If so to what relief are the workmen entitled and from what date?"

2. By an order dated April 25, 1955, the Government amended this issue by substituting therefore the following:

"Whether the employer have wrongfully and/or unjustifiably reduced the wages of their workmen of Carding Department, given in the annexure, by discontinuing the payment of production and/or special bonus if so, to what relief are the workmen entitled and from what date?"

3. It will be noticed that the issue as re-framed by the amendment indicated the manner in which the reduction in the wages of these workmen had been alleged to be made, viz., "discontinuing the payment of productio


























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