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1962 Supreme(SC) 99

A.K.SARKAR, K.N.WANCHOO, P.B.GAJENDRAGADKAR
Tatanagar Foundry Company LTD. – Appellant
Versus
Their Workmen – Respondent


Advocates:
B.P.MAHESHVARI, C.K.DAFTARY, SARDAR BAHADUR SAHARYA

Judgment

GAJENDRAGADKAR, J. : This appeal by special leave is directed against the order passed by the Industrial Tribunal, Patna, directing the appellant, the Tatanagar Foundry Co., to pay to the respondents, its workmen, 75 per cent of the consolidated wages as compensation for having laid them off for a period of 45 days commencing from December 15, 1959. It is common ground that the appellant laid off the respondents for the said period. The appellants case was that it had paid the respondents the statutory compensation for the said lay-off as prescribed by S. 25C of the Industrial Disputes Act (No. 14 of 1947) (hereinafter called the Act). The respondents, however, contended that the lay-off was not justified and so the statutory compensation paid by the appellant did not satisfy the ends of justice. It was this dispute between the parties which was referred for adjudication by the Government of Bihar to the Industrial Tribunal on February 9, 1960. On this reference, the Tribunal has held "that the layoff could not be held to be altogether justified." That is why it has awarded compensation to the respondents in excess of the amount statutorily fixed in that behalf. The appella
















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