Supreme Court of India · 1991-10-31
WORKMEN REPRESENTED BY SECRETARY vs MANAGEMENT OF REPTAKOS BRETT.AND CO. LTD. AND ANR.
- Citation / case number
- SC 1991/80291
- Court
- Supreme Court of India
- Petitioner
- WORKMEN REPRESENTED BY SECRETARY
- Respondent
- MANAGEMENT OF REPTAKOS BRETT.AND CO. LTD. AND ANR.
- Author
- KULDIP SINGH
- Bench
- KULDIP SINGH
Judgment text excerpt
The Supreme Court held that the management cannot unilaterally restructure the dearness allowance (DA) scheme to the detriment of workmen without proving financial inability to sustain the existing scheme. The Court emphasized that any alteration must not violate the principle of 'living wage' and must be justified by substantial evidence. The appeal by the workmen was allowed, overturning the Tribunal's decision to abolish the existing DA scheme linked to the cost of living index, as it was deemed prejudicial to the workers' rights under Article 136 of the Constitution.