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1973 Supreme(SC) 69

A.ALAGIRISWAMI, C.A.VAIDIALINGAM, I.D.DUA
Hindustan Lever: Workmen – Appellant
Versus
Ram Mohan Ray: Hindustan Lever LTD. – Respondent


Advocates:
B.RAM RAKHIANI, Bhuvnesh Kumari, G.B.PAI, J.B.DADACHAN, JANARDAN SHARMA, JITENDRA SHARMA, RATHIN DAS, S.K.GANGULI, S.V.Gupta, V.M.TARKUNDE

Judgment

ALAGIRISWAMI, J. :- The first batch of appeals are by the Hindusthan Lever Ltd. (hereinafter called the Employer) and Civil Appeal No. 1759 of 1971 is by the Mazdoor Sabha of the workers of the same employer in its Calcutta Branch.

2. The Calcutta Branch was concerned only with marketing. From the year 1956 at least, if not earlier, the company s marketing organisation was in three divisions, the Soaps Division, the Foods Division and the Toilet Preparations Division. From 6-9-66 the Company reorganised this marketing organisation into two divisions, the Main Lines Division and the speciality Lines Division. On 30-9-66 the Government of West Bengal referred to the Third Industrial Tribunal the following question for adjudication:

"Is the human rationalisation as a measure of economic reorganisation of the Company reflected through job-integration that have either been effected or proposed to be effected justified? To what relief, if any, are the workmen entitled?"

Pending adjudication of this issue seven workers filed applications under Section 33A of the Industrial Disputes Act before the same Tribunal alleging that during the pendency of the adjudication their service condit






















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