BHARAT ELECTRONICS LIMITED, BANGALORE vs INDUSTRIAL TRIBUNAL, KARNATAKA,BANGALORE AND ANR.

The Supreme Court held that under Section 33(2)(b) of the Industrial Disputes Act, 1947, a workman must actually work the night shift to earn the night shift allowance, which does not automatically form part of his wages. The Court found that the Industrial Tribunal erred in denying the management's application for approval based on a short payment of Rs. 12 for an allowance the workman would have earned had he reported for duty. The appeal was allowed, overturning the Tribunal's decision.