Kays Construction Co. (P) Ltd. VS. State Of Uttar Pradesh And Others

Summary

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The appellant company bad to pay under an award of the Labour Tribunal the back wages of some workmen. The Labour Commissioner issued a recovery certificate in respect of part of these wages to the Collector under s. 6-H (1) of the U.P. Industrial Disputes Act, 1927, and stated that for the rest of the amount due he would issue another certificate later when the exact amount had been worked out. The appellant company challenged the certificate before the High Court, contending that it was not in respect of 'money due'

for which proceedings under sub.s. (1) of s. 6-H could be taken, but was a 'benefit' to be computed in terms of money for which the appropriate proceedings could be only under sub-s. (2) of that section. A single Judge of the High Court accepted the contention of the appellant company, but his judgment was reversed by a Division Bench of the High Court. The company appealed to the Supreme Court by special leave.

HELD : The Division Bench had correctly confined the term

'benefits' under the second clause to benefits like rent free quarters, free electricity etc. which were not things which a man earned through his labour. In the present case what was required was not computation of money-value of

'benefits' but only an arithmetical calculation of total money wages over a certain period. The elaborate procedure under sub-s. (2) of S. 6-H was not mean for cases where only arithmetical calculation was required. The appeal therefore could not succeed. [281 C-G]

M.S.N.S. Transports, Tiruchirapalli v. Rajaram and another,

[1960] 1 L.L.J. 336, Seshmusa Sugar Works Ltd. v. State of Bihar, A.I.R. 1955 Patna 49, S. S. Shetty v. Bharat Nidhi Ltd., [1958] S.C.R. 442, Kasturi & Sons (P) Ltd. v. N.

Salivatesaram, [1959] S.C.R. 1, Punjab National Bank Ltd. v.

Kharbunda, [1962] Supp. 2 S.C.R. 977 and Shri Amarsinghji Mills Ltd. Nagarashua (M.P.), [1961] 1 L.L.J. 581, referred to.

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Extract

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Kays Construction Co. (P) Ltd. VS. State Of Uttar Pradesh And Others

PETITIONER: KAYS CONSTRUCTION CO. (P) LTD.

Vs.

RESPONDENT: STATE OF UTTAR PRADESH AND OTHERS

DATE OF JUDGMENT: 26/11/1964

BENCH: HIDAYATULLAH, M.

BENCH: HIDAYATULLAH, M.

GAJENDRAGADKAR, P.B. (CJ)

SHAH, J.C.

SIKRI, S.M.

BACHAWAT, R.S.

CITATION: 1965 AIR 1488 1965 SCR (2) 276

CITATOR INFO : RF 1966 SC 616 (5)

R 1972 SC 451 (22)

ACT: U.P. Industrial Disputes Act, 1947, sub-ss. (1) and (2) of s. 6-H--Back wages of workmen--Exact amount not calculated but amendable to arithmetical calculation--Such amount whether 'money due' under first clause or 'benefit capable of being computed in terms of money' under second clause.

JUDGMENT: CIVIL APPELLATE JURISDICTION : Civil Appeals Nos. 1108 ...

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