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TMI Blog1964 (3) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... swered in the light of the definition prescribed by s. 2(vi) before it was amended in 1958. The subsequent amendment expressly provides by s. 2(vi) (a) that any remuneration payable under any award or settlement between the parties or order of a Court, would be included in the main definition under s. 2(vi). The point which we have to decide in the present appeal is whether the remuneration payable under an award was not already included in the definition of wages before the said definition was amended. It is common ground that between the appellant, Sasamusa Sugar Works Ltd., and its workmen, the respondents, an award had been made by an Industrial Tribunal fixing the pay of the employees at ₹ 2/2/- per day, and in pursuance of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was a mixed question of fact and law, and so, it had to be tried after recording evidence. The appellant challenged the correctness of the conclusion of the authority that the applications made by the respondents were competent under s. 15 of the Act before the Patna High Court by filing a petition under Art. 226 of the Constitution. The High Court has affirmed the finding of the authority and held that s. 15 was applicable to the case, because the wages prescribed by the award did amount to wages as defined by s. 2(vi) of the Act. On that view, the writ petition filed by the appellant was dismissed. It is this order which the appellant seeks to challenge before us by its present appeal by special leave. Section 2(vi) as it stood at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said terms, Industrial adjudication is not bound to uphold the terms of contract between the employer and the employees. If it is shown to the satisfaction of Industrial adjudication that the terms of contract of employment, for instance, need to be revised in the interests of social justice.. it is at liberty to consider the matter, take into account all relevant factors and if a change or revision of the terms appears to be justified, it can, and often enough it does, radically change the terms of the contract of employment. The development of industrial law during the last decade bears testimony to the fact that on references made under s. 10(1) of the Industrial Disputes Act, terms of employment have constantly been examined by industri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... making new contracts between employers and workmen makes it reasonable to think that even though the period of operation of the award and the period for which it remains binding on the parties may elapse -in respect of both of which special provisions have been made under sections 23 and 29 respectively-the new contract would continue to govern the relations between the parties till it is replaced by another contract. This observation clearly and emphatically bring out that the terms prescribed by an award, in law, and in substance, constitute a fresh contract between the parties. This question appears to have been considered by the Bombay and the Calcutta High Courts. In Jogendra Nath Chatterjee and Sons v. Chandreswar, Singh(A.I.R. 1951 C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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