Case Note & Summary
The dispute arose between Bharat Electronics Limited, Bangalore, and the Industrial Tribunal, Karnataka, regarding the dismissal of a workman, B. Sridhar, a bus driver, following a misconduct incident. After a domestic inquiry, the workman was dismissed effective December 31, 1979, and the management sought approval from the Industrial Tribunal under Section 33(2)(b) of the Industrial Disputes Act, 1947, while paying him one month's wages. The workman objected, claiming that the wages were short by Rs. 12 due to the omission of his night shift allowance. The Tribunal upheld the workman's objection, leading to the management's appeal. The Supreme Court analyzed whether the night shift allowance constituted part of the wages as defined in the Act. The Court concluded that the allowance was contingent upon actual work performed during the night shift and did not automatically form part of the wages. The Tribunal's decision was set aside, and the management's application for approval of dismissal was allowed. The Court emphasized the importance of the management proving that the wages paid met the statutory requirements under Section 33(2)(b) and expressed concern over the prolonged pendency of the case without resolution of the domestic inquiry's validity.
Headnote
A) Industrial Disputes - Definition of Wages - Night Shift Allowance - Night shift allowance does not automatically form part of wages - Industrial Disputes Act, 1947, Section 33(2)(b) - The court held that the workman had to earn the night shift allowance by actually working the night shift, and it was not an automatic entitlement. The Tribunal erred in declining the management's application for approval based on a short payment of night shift allowance (Paras 972-983).
Issue of Consideration
Whether night shift allowance forms part of wages under Section 33(2)(b) of the Industrial Disputes Act, 1947
Final Decision
The Supreme Court set aside the Tribunal's order and allowed the management's application under Section 33(2)(b) of the Industrial Disputes Act, ruling that the night shift allowance does not automatically form part of wages.
Law Points
- Industrial Disputes Act
- 1947
- Section 33(2)(b)
- wages
- night shift allowance
- domestic inquiry
- approval of dismissal
Case Details
1990 LawText (SC) (03) 51
Civil Appeal No. 744 of 1987
Punchhi, M.M., Misra, Rangnath Reddy, K. Jayachandra
1990 AIR 1080, 1990 SCR (1) 971, 1990 SCC (2) 314, JT 1990 (1) 431, 1990 SCALE (1) 443
Narayan B. Shetye, Vineet Kumar, Vinay Bhasin, M.C. Narasimhan, Jitender Sharma
Bharat Electronics Limited, Bangalore
Industrial Tribunal, Karnataka, Bangalore and Anr.
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Nature of Litigation
Appeal against the decision of the Industrial Tribunal regarding the dismissal of a workman.
Remedy Sought
Management sought approval for dismissal under Section 33(2)(b) of the Industrial Disputes Act.
Filing Reason
The workman objected to the approval application, claiming short payment of wages.
Previous Decisions
The Tribunal upheld the workman's objection and declined the management's application.
Issues
Whether night shift allowance is part of wages under Section 33(2)(b) of the Industrial Disputes Act
Submissions/Arguments
The management argued that night shift allowance is contingent upon actual work performed.
The workman contended that the allowance should be included in the wages paid.
Ratio Decidendi
Night shift allowance is contingent upon actual work performed and does not automatically form part of wages under Section 33(2)(b) of the Industrial Disputes Act.
Judgment Excerpts
The workman had to earn night shift allowance by actually working in the night shift and his claim to that allowance was contingent upon his reporting to duty and being put to that shift.
The Tribunal fell into a grave error in declining the application of the management for approval on the ground of short payment of Rs. 12 on account of night shift allowance.
We allow this appeal, set aside the judgment and order of the Industrial Tribunal, Karnataka at Bangalore and allow the application of the management under section 33(2)(b) of the Industrial Disputes Act without any order as to costs.
Procedural History
The management dismissed the workman on December 31, 1979, sought approval from the Tribunal, which was kept pending for over six years. The workman filed an objection, and the Tribunal upheld it, leading to the management's appeal.
Acts & Sections
- Industrial Disputes Act, 1947: Section 2(rr), Section 33(2)(b)
