Case Note & Summary
The case involved workmen employed under IT Shramik Sena against their employer, M/s Raptakos Brett and Co. Ltd. The dispute arose from an interim order of the High Court of Judicature at Bombay, which modified a previous order regarding the payment of wages to the workmen during the pendency of a writ petition. The initial order mandated that the workmen be reinstated and paid wages at par with unskilled permanent workmen or statutory minimum wages. However, the management contested this, claiming they had not agreed to reinstate the workmen. The Supreme Court heard arguments from both sides, with the management asserting that they would not call the workmen to work, while the workmen's counsel argued for compliance with the wage payment directive. The Supreme Court ultimately ruled that the management must continue to pay the workmen Rs. 2500/- per month until the writ petition was resolved, while also requesting the High Court to expedite the hearing of the pending writ petition. The decision was made without any order as to costs.
Headnote
A) Industrial Disputes - Interim Relief - Payment of Wages - Industrial Disputes Act, 1947, Section 17B - The court directed that the management must pay the workmen Rs. 2500/- per month during the pendency of the writ petition, despite the management's refusal to reinstate them. The court emphasized the need for compliance with interim directions to ensure the workmen's financial support while the case is unresolved. Held that the management's obligation to pay wages remains intact (Paras 4-5).
Issue of Consideration
Whether the management is obligated to reinstate workmen and pay wages during the pendency of the writ petition.
Final Decision
The Supreme Court directed the management to pay the workmen Rs. 2500/- per month during the pendency of the writ petition and requested the High Court to expedite the hearing of the case.
Law Points
- Interim relief
- reinstatement
- wages under Industrial Disputes Act
- compliance with court orders
