Management of Shri Chalthan Vibhag Khan Udyog Sahakari Mandali Ltd. etc. . v. B. S. Barot Member, Industrial Court, Gujarat, and Anr. etc.
Case brief
What is this about?
Dearness allowance; ceiling of 100% neutralisation of variable dearness allowance; 125% neutralisation set aside and confined to 83 paise per index point; retention allowance for seasonal sugar-factory workers; financial capacity of industry to pay; depreciation only to extent of actual/probable wear and tear; inflated depreciation entries disallowed; s. 66(1) Gujarat Cooperative Societies Act 1961; U.P. Industrial Disputes Act 1947 ss. 3(b), 3(d); U.P. Pattern wage scales; industry-cum-region wage fixation; cooperative sugar factories Gujarat; appeals allowed in part; costs Rs. 2,000 one set.
What did the court decide?
Appeals disposed of accordingly: the award granting graduated dearness allowance at more than 100% neutralisation was set aside and confined to 83 paise per point (cent per cent neutralisation); the increase in graduated dearness allowance from Rs. 21 to Rs. 40 from the date of the award and the retention allowance at 10% of basic wage and dearness allowance for unskilled seasonal workers were confirmed; no remission to the Industrial Court; appellant to pay the respondents' costs, one set of Rs. 2000/-, divided among the respondents.