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1962 Supreme(SC) 460

P.B.GAJENDRAGADKAR, A.K.SARKAR, K.N.WANCHOO
Management of Hamdard Dawakhana Wakf Delhi – Appellant
Versus
Workmen – Respondent


Advocates Appeared:
For the Appellant :C.K. Daphtary, Solicitor-General for India (B.R.L. Iyengar and K. Baldeva Mehta, Advocates.
For the Respondent No. 1:Brijbans Kishore, Advocate.

JUDGMENT :

Gajendragadkar, J.

1. This appeal by special leave arises out of an industrial dispute between the appellant Hamdard Dawakhana Wakf and the respondents, its workmen. On April 20, 1961, the Chief Commissioner, Delhi, referred two items of dispute between the parties to the adjudication of the Industrial Tribunal at New Delhi. These items were in regard to the claim for additional bonus made by the respondents for the year 1959 and in regard to the grievance made by them in respect of the dismissal of Shamsul Zaman. The Tribunal has ordered that the appellant should pay to each and every workman of the Hamdard Dawakhana who worked in the calendar year 1959 additional bonus equivalent to the ?rd of his earnings by way of basic wage for the said year. It has also held that the order of dismissal passed against Shamsul Zaman was unjustified and so, it has directed the appellant to reinstate him in service without break in the continuity of his service. Back wages during the period of his dismissal have, however, not been allowed to the workman. In the present appeal, the appellant challenges the correctness and propriety of both the directions given by the award.

2. Hamdard Daw

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