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.