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october 1991

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.

WORKMEN REPRESENTED BY SECRETARY vs MANAGEMENT OF REPTAKOS BRETT.AND CO. LTD. AND ANR. · Niyam