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1964 Supreme(SC) 371

P. B. GAJENDRAGADKAR, K. N. WANCHOO, K. C. DAS GUPTA
Bombay Steel Rolling Mills Ltd. – Appellant
Versus
Khemchand Rajkumar Steel Mills And Pahorpur Yards' Labour Union, Calcutta – Respondent


Advocates Appeared:
For the Appellant :M.C. Setalvad, Senior Advocate (Ravinder Narain, J.B. Dadachanji and O.C. Mathur, Advocates of J.B. Dadachanji and Co.
For the Respondent:P.K. Ghosh, Advocate.

JUDGMENT :

Das Gupta, J.

This appeal by four sister companies is against an award of the 7th Industrial Tribunal, West Bengal, directing reinstatement of 12 workmen and payment of subsistence allowance at 50% of their basic wages from May 4, 1957 till the date of reinstatment, less three months.

2. It appears that there were some disputes in the factories of the companies in April 1957. Police cases were started against these 12 and some other workmen. It was when these cases were pending that four separate agreements were arrived at between the Union representing the workmen and these four companies before a Conciliation Officer. This was on May 4, 1957, The agreement provided inter alia that (1) the workers against whom police cases were pending would remain suspended till the final disposal of the cases, (2) from May 4, 1957 till such dismissal the workers shall be paid 50% of wages as subsistence allowance; (3) the workmen against whom the cases finally resulted in conviction shall be dismissed from the service of the company and those who would be discharged or acquitted or dropped from the cases would be reinstated in their jobs with full benefits, less the monies received by t

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