ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846
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WEST BENGAL- Oil The New Hope

spite of the existence laws which have been used against the workmen'' attempts to unionise. Against this background of the Industrial Disputes Act, it is necessary to study the facts of the Premier Automobiles case. The company had entered into an agreement dated December 31, 3966 with the Engineering Ma/door Sabha under which an incentive scheme had been formulated providing for incentive payments at certain rates. Thereafter, the company altered the scheme in such a manner as to result in lesser payment to the workmen. The union Filed a suit in a civil court stating that the company had unilaterally altered the rates at which wages were being paid under the agreement without following the mandatory requirements of section 9-A,' i e, without giving a notice of the change. The union argued that the change was not binding on them and asked for a perpetual injunction restraining the company from enforcing or implementing the change. The court granted the injunction, holding that the employer had committed a breach of an obligation existing in favour of the workmen. The decision of the civil court came to be challenged in the High Court and ultimately in the Supreme Court.

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