BURN & CO., CALCUTTA vs THEIR EMPLOYEES(and connected appeal)

The Supreme Court held that an award of an Industrial Tribunal under Section 19(6) of the Industrial Disputes Act, 1947 can only be reopened upon a material change in circumstances. The principle of res judicata, while not directly applicable, is founded on sound public policy and must be observed. The Court set aside the Appellate Tribunal's order that disregarded the previous award, affirming that no claim for bonus arises unless profits are adequate. The appeal under Section 7(1)(a) of the Industrial Disputes (Appellate Tribunal) Act, 1950 is permissible if it involves a substantial question of law, allowing the Supreme Court to review the legality of the Tribunal's orders under Article 136 of the Constitution.