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1962 Supreme(SC) 29

K.N.WANCHOO, P.B.GAJENDRAGADKAR, A.K.SARKAR
Workmen Of The Bangalore Woollen, Cotton And Silk Mills Company LTD. – Appellant
Versus
Management Of Bangalore, Woollen, Cotton And Silk Mills Company LTD. – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.N.GHOSH, D.N.MUKHERJI, L.K.JHA, N.KESHAVA IYENGAR

Judgment

SARKAR, J. : The appellants are the workmen of the Bangalore Woollen, Cotton & Silk Mills Co., Ltd. and this Company is the respondent in his appeal.

2. In or about 1951, certain disputes had cropped up between the parties which had been referred to an Industrial Tribunal for adjudication under the Industrial Disputes Act, 1947, hereafter called the principal Act. One of the disputes so referred concerned "payment of bonus at the rate of one month s pay for every year to all workers with long service but discharged as being no longer required. On December 4, 1952, the Tribunal made its award deciding this question against the workmen and holding at the demand was not justified in view of the amenities provided by the management. The workmen went up in appeal against this decision to the Labour Appellate Tribunal. While the appeal was pending there, Ordinance No. 5 of 1958 was promulgated by the President and by this Ordinance the Industrial Disputes Act, 1947 was amended by the addition of certain sections to it providing for compensation for lay-off and retrenchment. This Ordinance came into force on October 24, 1953. Thereafter the parties settled the appeal pending befo




















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