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K. SUBBA RAO, N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR, K. N. WANCHOO, J. C. SHAH
Birla Cotton Spinning and Weaving Mills, LTD. – Appellant
Versus
Workmens – Respondent
Judgement
WANCHOO, J.:- This appeal by special leave arises out of an industrial dispute between the Birla Cotton Spinning and Weaving Mills Limited (hereinafter called the Appellant) and its workmen. A large number of matters were referred for adjudication to the industrial tribunal but in the present appeal we are concerned with two, namely, (i) whether the wages require to be increased and standardised, and what directions are necessary in this respect, and (ii) whether any of the workmen doing the work of fancy jobbers should be designated and paid accordingly. The first point has however been confined to mistries and line jobbers only as the other operatives were covered by another award in another reference (No. ID 52 of 1957) between the same parties, which was decided earlier by this tribunal. That award came in appeal to this Court and the decision of this Court is reported in Management of Birla Cotton Spinning and Weaving Mills Ltd. v. Its Workmen, AIR 1961 SC 1179. This Court had set aside the earlier award and sent the case back to the tribunal to proceed in the manner indicated in that judgment. We are told that that matter has ended in a compromise between the parties
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
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