ALEMBIC CHEMICAL WORKS COMPANY LIMITED Vs. WORKMEN

JUDGEMENT

(1.) THIS appeal by special leave arises from an industrial dispute between the appellant the Alembic Chemical Works Co. Ltd., and the respondents, its workmen. The said dispute related to a single demand made by the respondents with regard to leave. THIS demand consisted of three parts, (a) one month's privilege leave with full salary and dearness allowance on completion of eleven months service in a year with a right to accumulate upto six months, (b) one month's sick leave with full salary and dearness allowance for each year of service with right to accumulate for the entire period of service, and (c) every workman should be entitled to take leave in proportion to the number of days he is in service of the company at the time of his application for the same. THIS dispute was referred by the Government of Bombay for adjudication before the Industrial Tribunal under S. 10 (1) (d) of the Industrial Disputes Act XIV of 1947.

(2.) THE Tribunal considered the contentions raised by the appellant against the respondent's demands, took into account awards or agreements between employers and their employees in comparable concerns and made its award. In regard to privilege leave the Tribunal has ordered that leave should be granted to the staff members covered by the reference as follows.

(3.) SECTION 79 (1) occurs in Chapter VIII which deals with annual leave with wages. It provides thus :