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1972 Supreme(SC) 171

C.A.VAIDIALINGAM, G.K.MITTER, I.D.DUA
Polychem LTD. – Appellant
Versus
R. D. Tulpule, Industrial Tribunal, Bombay – Respondent


Advocates:
K.RAJENDRA CHAUDHARY, Mahesh Bhatt, P.H.Parekh, S.V.Gupta, Sunanda Bhandare

Judgment

DUA, J.:- The short but important point raised in these two appeals by special leave relates to the validity of that part of the award of the Industrial Tribunal, Maharashtra, Bombay, by which the demand for vacation allowance of the workmen of the appellants Messers Polychem Ltd., Bombay, at the same rate as is granted to its higher staff both at the head Office and at its Chembur plant, was allowed. These two appeals are directed against the impugned award in two references under Section 10 (1) (d) of the Industrial Disputes Act, 1947, one of which (Ref. No. 284 of 1968) related to the demands of the head Office staff and the other (Reference No. 19 of 1969) to the workmen of Chembur plant.

2. The impugned portion of the award dated June 9, reads as under:

"The only other demand which is now common to both the references is the demand for the vacation allowance. It appears that the company pays to its officers or other staff drawing Rupees 600 and more as basic wage one month s salary for vacation in case his leave exceed 15 days and is not accumulable. The demand of the workmen is that the minimum should be Rupees 300 and maximum Rupees 2,000. It is pointed out for the co























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