INDIA GENERAL NAVIGATION AND RAILWAY CO LIMITED CALCUTTA Vs. THEIR WORKMEN
LAWS(SC)-1960-3-5
SUPREME COURT OF INDIA
Decided on March 23,1960

INDIA GENERAL NAVIGATION AND RAILWAY COMPANY LIMITED Appellant
VERSUS
IR WORKMEN Respondents





Cited Judgements :-

CENTRAL INDIA ELECTRIC SUPPLY COMPANY WORKERS VS. CENTRAL INDIA ELECTRIC SUPPLY COMPANY LTD [LAWS(MPH)-1964-12-17] [REFERRED TO]
IYPUNNY C K VS. MADHUSUDAN MILLS [LAWS(BOM)-1963-8-9] [REFERRED TO]
STATE OF WEST BENGAL VS. CONFEDERATION OF STATE GOVERNMENT EMPLOYEES [LAWS(CAL)-2022-5-54] [REFERRED TO]
NORTH BENGAL STATE TRANSPORT CORPORATION VS. SANJOY KUNDU [LAWS(CAL)-2022-8-73] [REFERRED TO]
SALAL WORKERS UNION VS. UNION OF INDIA [LAWS(J&K)-1998-3-28] [REFERRED TO]
C K IYPUNNY VS. R N KULKARNI [LAWS(BOM)-1963-8-5] [REFERRED TO]
METAL POWDER CO LTD VS. STATE OF TAMIL NADU [LAWS(MAD)-1985-2-48] [REFERRED TO]
RANBAXY LABORATORIES LTD VS. PRESIDING OFFICER LABOUR COURT [LAWS(P&H)-1996-2-8] [REFERRED TO]


JUDGEMENT

Wanchoo, J. - (1.)This is an appeal by special leave in an industrial matter. The appellant is a steamer company with its head office at Calcutta. There was a dispute between the appellant and its workmen, which was referred to the Sixth Industrial Tribunal, West Bengal. Out of the matters in dispute before the tribunal, there are only two which survive in the present appeal, namely, (i) dearness allowance for steamer and flat clerks and (ii) working hours for ghat employees on Saturdays. Re. (i).
(2.)The pay scales of the flat and steamer clerks and the dearness allowance payable to them have been matters of adjudication in previous awards between the company and its workmen. The first of these disputes was in 1948 and in the award following that dispute these clerks were put in grade 'E'. Then there was another dispute in 1953, in which a claim for revision was rejected. Eventually by settlements between the company and its workmen, the scale of these clerks was raised to Rs. 60-3-102. That scale has been upheld by the present tribunal which refused any further change in it. At the time of the present dispute these clerks were getting a minimum of Rs. 35 as dearness allowance. Their case was that the company was paying what is known as the Bengal Chamber of Commerce rate of dearness allowance to all its staff in the head office and at the Calcutta ghats. The flat and steamer clerks also claimed that they should be paid the same rate of dearness allowance, which is very much higher. The tribunal after considering the circumstances has awarded the Bengal Chamber of Commerce rate of dearness allowance to these clerks also from September 1957.
(3.)The company contends that the tribunal was patently wrong in allowing this rate of dearness allowance to these clerks, as, at any rate, it is not meant for workmen living outside Greater Calcutta. It is also urged that on principle, dearness allowance should be allowed at the rate prevalent in the locality, where a workman is posted and as these workmen are not posted in Greater Calcutta they should not have been awarded this rate of dearness allowance.
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