Hindustan Times Ltd. v. Their Workmen

AIR 1963 Supreme Court 1332Supreme Court of India1963Labour Law II
fair-wageindustry-cum-regioncomparable-wageswage-fixation

Rule established

Fair wage is determined by the industry-cum-region formula. Comparable wages in similar industries in the same region set the benchmark for fair wage fixation.

Facts

  • Workers demanded wage revision based on wages paid in comparable newspaper establishments
  • Hindustan Times argued its financial capacity did not permit the demanded wages
  • Industrial Tribunal applied the industry-cum-region formula to fix wages
  • Employer appealed

Issue

  1. What is the correct method for determining fair wages? Industry comparison, regional comparison, or both?

Held

  • Fair wage is determined by the industry-cum-region formula
  • Primary comparison: what do comparable establishments in the same industry pay?
  • Secondary comparison: what is the wage level in the same region for comparable work?
  • Industry is the dominant factor; region is secondary
  • Employer's capacity to pay is relevant but not determinative at the fair wage level

Ratio Decidendi

Fair wage is fixed by the industry-cum-region formula: comparing wages in similar industries in the same region. Industry is the primary comparator, region the secondary. Capacity to pay is a relevant but not overriding factor.

How to use it in an exam

  • Authority for the industry-cum-region formula for fair wage
  • Pair with Express Newspapers (capacity at fair wage level) and Unichoyi (three-tier)
  • Key line: "In Hindustan Times v. Workmen (1963), the Supreme Court applied the industry-cum-region formula: fair wages are determined by comparing what similar industries in the same region pay."

Source

Source: AIR 1963 SC 1332; verified from chapter content

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.