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1962 Supreme(SC) 287

K.C.DAS GUPTA, P.B.GAJENDRAGADKAR, J.R.MUDHOLKAR
R. B. Diwan Badri Dass – Appellant
Versus
Industrial Tribunal, Punjab, Patiala – Respondent


Advocates:
B.P.MAHESHVARI, Bhagirath Das, D.P.Singh, G.K.DAPHTARY, M.K.RAMAMURTHI, R.R.GARG, RAMAMURTHI, S.C.AGRAWAL

Judgment

GAJENDRAGADKAR, J. (With him Das Gupta, J.) :This appeal by special leave arises out of an industrial dispute in relation to a comparatively minor demand made against the appellants by the respondents-their employees; but in challenging the validity of the award passed by the Industrial Tribunal in favour of the respondents on that demand the learned Solicitor-General has raised a general question before us. He contends that in granting the demand made by the respondents, the award has illegitimately and unjustifiably trespassed on the appellants freedom of contract. The appellants as employers, are entitled to fix the terms of employment on which they would be willing to employ workmen and it is open to the workmen either to accept those terms or not; industrial adjudication should not interfere in such a matter. That is the nature of the general contention which has been raised before us in the present appeal.

2. The facts leading to the dispute are few and they lie within a very narrow compass. The appellants are the Trustees of the Tribune Press and Paper and the Trust is being worked in accordance with the terms of the will executed by Dya1 Singh Majithia on the June 1













































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