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1963 Supreme(SC) 268

P.B.GAJENDRAGADKAR, K.N.WANCHOO, K.C.DAS GUPTA
Workmen Of Dewan Tea Estate – Appellant
Versus
Their Management – Respondent


Advocates:
B.N.GHOSH, C.B.AGARWAL, D.N.GUPTA, J.N.HAZARIKA, K.P.GUPTA, P.K.CHATTERJI, SANKAR BANNERJI

Judgment-

GAJENDRAGADKAR

( 1 ) , J. : This appeal by special leave arises from an industrial dispute between the respondent, the Management of 11 Tea Estates and the appellants, their workmen. It appears that the appellants raised a dispute against the respondent in regard to the lay-off declared by them in the 11 estates in question in February, 1959. The said lay-off lasted for 45 days and the appellants contention was that the lay-off was not justified, and so, they were entitled to their full wages for the period of the lay-off. The respondents Managing Agents for the nine Companies that run the 11 tea estates in question, resisted this claim on the ground that the lay-off was justified and they alleged that the appellants were not entitled to anything more than the compensation prescribed by S. 25c of the Industrial Disputes Act, 1947 (hereinafter called the Act ). This dispute was REFERRED TO to the adjudication of the Industrial Tribunal by the Governor of Assam under S. 10 (1) (d) of the Act. The 11 tea estates which are concerned with this dispute were described in Appendix A to the order of reference. It is common ground that these 11 tea estates are run by nine Companies a














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