Hindustan Times Ltd. v Their Workmen

• An industrial dispute between the Hindustan Times, New Delhi and its workmen was referred to the Industrial Tribunal, Delhi in 1958. The award was made on 16 March 1959.
• The company challenged the revised wage scales and other parts of the award. The workmen appealed on other points, including retirement age.
• The company compared its burden with the wage scales of the Times of India, Delhi and the Statesman, Delhi.

1. Whether the Tribunal's revision of the wage structure, dearness allowance and leave rules was justified.

• Fixing a wage structure must secure workers a fair share of the national income they help produce, while taking care not to dry up the source of that income or drive capital away.
• The problem must be considered on an industry-cum-region basis, with careful consideration of the industry's ability to pay (following Crown Aluminium, Express Newspapers and Lipton).
• The Tribunal's wage scales were upheld.
• Dearness allowance should ordinarily be on a sliding scale, not fixed at a flat figure, since its purpose is to neutralise a rise in the cost of living.
• The Employees' State Insurance Act does not remove the need for paid sick leave. The Court fixed 12 days a year of sick or casual leave with full pay, not accumulating.

Wage fixation proceeds on an industry-cum-region basis, giving careful consideration to the industry's capacity to pay. The aim is a fair share for workers without drying up the source of national income.