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march 1960

Supreme Court of India · 1960-03-17

THE BHARATKHAND TEXTILE MFG. CO. LTD.& OTHERS vs THE TEXTILE LABOUR ASSOCIATION,AHMEDABAD.

Citation / case number
SC 1959/78
Court
Supreme Court of India
Petitioner
THE BHARATKHAND TEXTILE MFG. CO. LTD.& OTHERS
Respondent
THE TEXTILE LABOUR ASSOCIATION,AHMEDABAD.
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court upheld the Industrial Court's decision to frame a gratuity scheme under Section 116A of the Bombay Industrial Relations Act, 1946, despite objections from the Mill Owners’ Association. The Court clarified that the claim for gratuity is not barred by the Employees Provident Funds Act, 1952, as the statutory benefits under Section 17 are minimum entitlements and do not preclude additional claims. The Court emphasized that the Industrial Court's earlier refusal to frame a gratuity scheme constituted a denial of any scheme, thus validating the respondent's application for modification.

THE BHARATKHAND TEXTILE MFG. CO. LTD.& OTHERS vs THE TEXTILE LABOUR ASSOCIATION,AHMEDABAD. · Niyam