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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Dangkwang Precision India Pvt. Ltd. – Appellant
Versus
Dangkwang Precision Employees Union, C/o. Deepak Sahebrao Gangawane – Respondent
| Table of Content |
|---|
| 1. judicial review under articles 226 and 227. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner's arguments related to financial assessment. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. key considerations in wage adjudication. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. assessment of tribunal's analysis on financial records. (Para 20 , 21 , 22 , 23 , 24) |
| 5. tribunal's duty in wage comparison with other industries. (Para 25 , 26 , 27 , 28 , 29) |
| 6. reasonableness of the wage rise determined. (Para 30 , 31 , 32 , 33) |
| 7. court's final decision on the writ petition. (Para 34 , 35 , 36 , 37 , 38 , 39) |
JUDGMENT :
Amit Borkar, J.
1. The petitioner has invoked the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The challenge is to the Award dated 29 March 2018 passed by the Presiding Officer, Industrial Tribunal, Pune in Reference (IT) No.30 of 2015.
2. The relevant facts are simple. The petitioner is a company incorporated under the Companies Act, 1956. It runs a factory at Ranjangaon, Pune and manufactures precision goods. The respondent is a registered trade union under the Trade Unions Act, 1926. It represents eighteen workmen employed in the petitioner’s e
Wage adjudication must balance the employer's financial capacity and fair compensation for workmen, ensuring accurate evidence of financial claims is presented.
The Tribunal must conduct a thorough evidentiary analysis to justify decisions concerning wage revisions and additional allowances under the Industrial Disputes Act, ensuring all material evidence is....
Pay revision – To determine comparability of units applying industry-cum-region test, financial capacity of employer would be a strong factor.
The court affirmed existing employee benefits under the Industrial Disputes Act, maintaining retirement age at 60 and rejecting unjustified pension scheme modifications by management.
Wage fixation must adhere strictly to statutory definitions and principles, especially concerning minimum wage and workman status, or risk being deemed invalid.
The principle of 'equal work for equal pay' was upheld, with the court modifying the effective date of wage benefits to 01.01.2012.
The court upheld the Industrial Tribunal's award for wage revision, emphasizing the need for fair compensation while considering the financial capacity of the management.
The Industrial Court must consider the financial capacity of the employer when adjudicating salary adjustments, prioritizing public interest and economic implications over union demands.
The mandatory provision of Section 33(2) requires employers to pay full wages to a dismissed employee for one month, and failure to do so renders approval of dismissal invalid.
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