M/S. NORTH BROOK JUTE CO. LTD. AND ANOTHER versus THEIR WORKMEN

Citation: [1960] 3 S.C.R. 364 · Decided: 23-03-1960 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

364 
SUPREME COURT REPORTS 
[1960] 
r 96o 
order destruction of articles seized in pursuance of a 
warrant issued under s. 430. 
Chairman of the 
The argument advanced by counsel for the Municipal-
Bankura 
ity that the seizure was in exercise of the powers under 
1~1 unicipality 
-
v. 
s. 428 and not under s. 430 has, in our judgment, no 
Lalji Raja & San' force. The report of the Chairman of the Municipality 
dated March 10, 1950, makes it abundantly clear that 
Shah J. 
the search warrant was issued by the Sub-Divisional 
Officer in exercise of his authority under s. 430 of the 
Bengal Municipal Act. 
Any admission by the res-
pondents that the seizure was under s. 428 of the Act 
in proceedings for resisting the order which the 
Municipality claimed to obtain against them can have 
no value. 
z960 
March 23. 
Section 428 does not contemplate a seizure of articles 
of food which are unwholesome, under the authority 
of a Magistrate, and s. 430 is expressly the proviRion 
which authorises a Magistrate to issue a warrant, for 
such seizure. The powers under s. 431(2) are expressly 
directed to be exercised by the Magistrate in respect 
of articles seized under s. 428, and there is nothing in 
the former provision which may justify the view that 
those powers can also be exercised in respect of articles 
seized under a warrant issued under s. 430. In our 
opinion, the High Court was right in its conclusion. 
The appeal therefore fails and is dismissed. 
Appeal dismissed. 
M/S. NORTH BROOK JUTE CO. LTD. 
AND ANOTHER 
v. 
THEIR WORKMEN 
(P. B. GAJENDRAGADKAR, K. N. WANCHOO and 
K. C. DAS GUPTA, JJ.) 
Ind1tstrial Dispute-Rationalisation scheme objected to by work-
nien~Scheme put into operation pending reference to 
Tribitnal~ 
Workmen's refusal to work-Lock-out-Claim for wages for the period 
of lock-out-Industrial Disputes Act, I947 (I4 of I947), ss. 3(2), 
9A, 33, 33A. 
A rationalisation scheme in the mills of the appellant com-
panies was agreed to by the Works Committee and a notice under 
s. 9A of the Industrial Disputes Act, 1947, was given to the 
-
.. 
< 
.., 
-
3 S.C.R. SUPREME COURT REPORTS 
365 
Union of their workmen. The workmen, however, objected to 
the introduction of the scheme and the dispute was referred by 
the Government to the Tribunal on December r3, r957. On 
December r6, the management of the companies put the rationa-
lisation scheme into operation but the workmen refused to do 
the additional work placed on them by the scheme. Later, the 
same day, the mills declared a lock-out. 
Work was, however, 
resumed a few days later as a result of a settlement, and a dispute 
arose as to whether the workmen were entitled to the payment 
of wages for the period during which the mills were closed: 
Held, (r) that the workmen's representatives on the Works 
Committee represented the workmen only for the purpose of the 
functions of the Works Committee and that the approval of the 
scheme of rationalisation by the Works Committee was not bind-
ing on the workmen or their Union. 
Kemp and Company Ltd. v. Their Workmen, [r955] I L.L.J. 
48, approved. 
(2) that the introduction of a rationalisation scheme was an 
alteration of' conditions of service to the prejudice of the workmen. 
(3) that the alteration of conditions of service was made not 
when notice under s. gA of the Industrial Disputes Act was given 
but on December r6, when the rationalisation scheme was put 
into operation, and that as it was done when the reference was 
pending before the Tribunal, it wa~ a contravention of s. 33 of 
the Act. 
(4) that the closure of the mills in the circumstances of this 
case by the employer amounted to an illegal lock-out and that 
the workmen unable to work in consequence of the lock-out were 
entitled to wages for the period of absence caused by such 
lock-out. 
CIVIL APPELLATE JURISDICTION: 
Civil Appeal 
No. 141 of 1959. 
Appeal by special leave from the Award dated 
July 19, 1958, of the Fourth Industrial Tribunal, West 
Bengal, in Case No. VIII-240 (166)/57. 
0. K. Daphtary, Soli.citor-General of India, Vidya 
Sagar and B. N. Ghosh, for the appellants. 
P. K. Sanyal and P. K. Ohakravarty for R. 0. 
Datta, for the respondents. 
1960. March 23. The Judgment of the Court was 
delivered by 
Nor th Brook f utd 
Co. Ltd. 
v. 
Their Workmen 
\ 
DAS GUPTA, J.-On December 13, 1957, the Govern-
Das Gupta J. 
ment of West Bengal referred under s. 10 of the 
Industrial Disputes' Act the following dispute between 
M/

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