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1993 Supreme(SC) 133

B.P.JEEVAN REDDY, KULDIP SINGH
Sarva Shramik Sangh, Bombay – Appellant
Versus
Indian Hume Pipe Company LTD. , Bombay – Respondent


Advocates:
G.B.PAI, H.S.PARIHAR, P.PADMA KUMAR, P.RAMASWAMY, V.J.Francis, V.SUBRAHMANYAM

JUDGMENT

B.P. JEEVAN REDDY, J.—This appeal is preferred by the Labour Union, Sarva Shramik Sangh, Bombay against the judgment of the Division Bench of Bombay High Court allowing Writ Appeal No. 247 of 1977. The appeal was preferred by the respondent-employer, the Indian Hume Pipe Company Limited, against the judgment of a learned Single Judge dismissing the writ petition preferred by it (Management) against the award of the Industrial Tribunal, Bombay. The main question arising for decision in this appeal pertains to the power of the Industrial Tribunal to award relief with effect from a date anterior to the date of raising the dispute by the Labour Union.

2. On November 2, 1965 the appellant-union submitted a demand for payment of dearness allowance to the daily-rated workmen employed at the respondents Wadala Factory at the same rate as is paid to the monthly-rated employees, with effect from January 1, 1964. On November 15, 1965 these demands were placed before the Conciliation Officer and thereafter before the Conciliation Board. On March 15, 1967 the Conciliation Board submitted its failure report. It appears that the recommendations of the Central Wage Board were awaited at th











































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