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1978 Supreme(SC) 122

Tata Chemicals LTD. – Appellant
Versus
Workmen Represented By Chemicals Kamdar Sangh – Respondent


Advocates:
G.B.PAI, K.J.JOHN, K.L.Hathi, O.C.MATHUR, P.C.KAPUR, S.C.PATEL, V.M.TARKUNDE

JASWANT SINGH, J.

(1) THIS appeal by special leave is directed against the award dated 21/02/1977 of the Industrial tribunal. Gujarat in reference 13 of 1975 made on 21/01/1975, by the government of Gujarat in exercise of its powers under S. 10(l)(d) of the Industrial Disputes Act, 1947 (XIV of 1947) (hereinafter called the Act) for adjudication of the dispute relating to five demands viz. washing allowance, woollen jersey, unclean allow- ance, transport allowance and variable dearness allowance linked with Ahmeda- bad cost of living index and adequate dearness allowance equal to that of textile workers of Ahmedabad (which is 100% neutralisation) sponsored by the Chemicals Kamdar Sangh, Mithapur (hereinafter referred to as the Sangh).

(2) BRIEFLY stated, the facts leading to the appeal are : The appellant is a public limited company registered under the Indian Companies Act and has its factory at Mithapur in the State of Gujarat. As per its practice and policy of recognising and negotiating with the Union enjoying the support of largest number of its workers, it carried on its dealings with the Sangh (which was the recognised union) till 25/01/1973 when the Assistant































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