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1974 Supreme(SC) 93

D.G.PALEKAR, P.N.BHAGWATI, V.R.KRISHNA IYER
Mahesh Transport Company – Appellant
Versus
Transport And Dock Workers Union – Respondent


Advocates:
A.T.M.SAMPATH, E.C.AGARWAL, H.K.SOVANI, Hardayal Hardy, K.RAJENDRA CHAUDHARY, S.R.AGARWAL, VINA KHANNA

Judgment

PALEKAR, J.:- This appeal under Article 136 of the Constitution is from an Award dated June 29, 1968 made by the Central Government Industrial Tribunal, Bombay in Reference No. CGIT-73 of 1965. The reference of the Industrial dispute was as follows :

"Whether the management of M/s. Krishna Commercial Co., Bombay and M/s. Mahesh Transport Co., Bombay are justified in not implementing the interim recommendations of the Wage Board for Port & Dock Workers as published with the Government of India, in the Ministry of Labour and Employment Resolution No. W. B. 21 (13) 65 dated April 27, 1965 in respect of their Cement/ Clinker handling workers at Bombay Port? If not, to what relief are the workmen entitled to and from what date?"

The Tribunal, after taking evidence, came to the conclusion that the two Employers referred to in the reference were not justified in not implementing the interim recommendations of the Wage Board and, accordingly, passed an award in favour of the workers giving interim relief in accordance with the recommendations of the Wage Board.

Out of the two employers mentioned in the reference, only M/s. Mahesh Transport Co. has come in appeal. The other employer na















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