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september 1962

Supreme Court of India · 1962-09-07

RAI BAHADUR DIWAN BADRI DAS vs THE INDUSTRIAL TRIBUNAL, PUNJAB

Citation / case number
SC 1962/38
Court
Supreme Court of India
Petitioner
RAI BAHADUR DIWAN BADRI DAS
Respondent
THE INDUSTRIAL TRIBUNAL, PUNJAB
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court addressed the issue of earned leave under Section 79 of the Indian Factories Act, 1948, determining that the Industrial Tribunal was justified in mandating uniform earned leave of 30 days for all employees, regardless of their date of employment. The Court emphasized that the doctrine of absolute freedom of contract must yield to social justice, and that discrimination in leave policies could foster discontent among employees. The ruling upheld the Tribunal's decision, reinforcing the principle that all employees should be treated equally in terms of earned leave entitlements.

RAI BAHADUR DIWAN BADRI DAS vs THE INDUSTRIAL TRIBUNAL, PUNJAB · Niyam