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1979 Supreme(SC) 383

P.S.KAILASAM, S.MURTAZA FAZAL ALI, A.P.SEN
Management Of Shri Chalthan Vibhag Khand Udyoo Sahakarj Mandli LTD. : Management Of Khedut Sahakari Khand Udyog Mandli LTD. : Bardoli Taluka Khand Kamdar Union – Appellant
Versus
G. S. Barot: Its Workmen: Mandhi Vibhag Khand Udyog Sahakari Mandli LTD. Mandhi – Respondent


Advocates:
A.K.SEN GUPTA, A.K.SRIVASTAVA, ANAND PARKASH, Arun B.Desai, F.S.NARIMAN, H.K.PURI, J.G.Shah, Kusum Chaudhary, LAXMI ANAND PARKASH, M.K.RAMAMURTHY, PROMOD SVARUP, S.S.Khanduja, V.K.Bahl, VINIT KUMAR

JUDGMENT

KAILASAM, J.:—All these appeals and special leave petition are by the management of five co-operative sugar factories in Gujarat State. The demand of the workmen of the factories in Gujarat was for payment of the U. P. Government revised scales for sugar factories in U. P. regarding pay, dearness allowance and other benefits.

2. The second Wage Board for the sugar industry gave its report in 1970. The Wage Boards report was due to expire on 31st October, 1974. The Government of U. P. on 31st October, 1974, issued the U. P. Pattern Scales of Wages and Dearness Allowance for workmen employed in all sugar factories working by Vacuum Pan Manufacturing Process. The Labour Minister gave the award and as a result of that award, an order was passed under Section 3, sub-clause (b) of the U. P. Industrial Disputes Act, 1947. This order relating to U. P. Pattern of Pay, Graduated Dearness Allowance, Variable Dearness Allowance came into force from 31st October, 1974 and effect was to be given to these pay scales and dearness allowance from 1st October, 1974. As the sugar factories were seasonal factories a retention allowance for unskilled seasonal workmen for off-season at the rate o
















































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