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.