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1962 Supreme(SC) 27

K. N. WANCHOO, A. K. SARKAR, P. B. GAJENDRAGADKAR
Management Of Sone Valley Portland Cement Company LTD. – Appellant
Versus
Their Workmen – Respondent


Advocates:
A.B.N.Sinha, A.V.VISHWANATHA SASTRI, B.P.MAHESHVARI, D.P.Singh, L.K.JHA, M.K.RAMAMURTHI, R.C.Prasad

Judgment

WANCHOO, J. : This is an appeal by special leave in an industrial matter. There was a dispute between the appellant-company, which is a cement factory, and its workmen, and it was referred for adjudication by the Government of Bihar as far back as November 1954. There were a large number of matters which were referred. In this appeal however only three of them, namely, (i) gratuity, (ii) bonus for the year 1953, and (iii) all those whose names are on the company s roll for a year should be made permanent, have been pressed before us. An award was made on October 31,1956 by the industrial tribunal disposing of the dispute. The award was brought up before this Court by special leave and was set aside on a technical ground. Thereafter the matter went back before the tribunal. In the meantime, however, 33 out of 41 points of dispute referred originally had been disposed of by agreement between the appellant and its workmen. The tribunal therefore dealt with the remaining eight points only in the subsequent proceedings after the order of this Court, of which we are now concerned with only three as indicated above. We propose to deal with each point seriatim and the contentions o










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