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december 1960

Supreme Court of India · 1960-12-15

ALEMBIC CHEMICAL WORKS CO., LTD. vs THE WORKMEN

Citation / case number
SC 1960/10
Court
Supreme Court of India
Petitioner
ALEMBIC CHEMICAL WORKS CO., LTD.
Respondent
THE WORKMEN
Author
P.B. GAJENDRAGADKAR
Bench
P.B. GAJENDRAGADKAR

Judgment text excerpt

The Supreme Court held that Section 79 of the Factories Act, 1948 does not standardize the grant of annual leave with wages, allowing for variations by voluntary agreements or Industrial Tribunal awards. The Court emphasized that Sections 78 and 84 of the Act support the notion that future agreements can provide more generous leave than prescribed. The Industrial Tribunal's award of annual leave exceeding Section 79(1) was upheld, and the distinction between manual and clerical staff regarding privilege leave was deemed justifiable. The Court affirmed that it would not interfere with the Tribunal's award unless it was unreasonable or deviated significantly from prevailing practices.

ALEMBIC CHEMICAL WORKS CO., LTD. vs THE WORKMEN · Niyam