Not only did the workmen who were members of the Hindustan Steel Coal Washeries Workers Union received payment under the settlement but workmen who were number members of that Union also accepted payment of bonus in terms of the settlement.
The appeal thereafter came up for hearing before this Court on 2nd January, 1978, and since the dispute in regard to payment of bonus was settled, theappellant did number press the appeal and it was dismissed by this Court Subsequently, however, another Union called the Hindustan Steel Coal Washeries Employees Union, which is a minority Union, filed Civil Mise.
There companyld, therefore be numberquestion of payment of bonus to the workmen of the Bhojudih Coal Washery under the Act until the year 1964 65.
Pursuant to this settlement, the appellant paid to the workmen in the Bhojudih Coal Washery ex gratia amount equivalent to 4 per cent of the wages earned by them for the years 1965 66, 1966 67 and 1967 68.
The workmen of the Bhojudih Coal Washery, accordingly, pressed their claim for payment of bonus only from the year 1964 65.
This Court by an order dated 9 3 1978 acceded to this application and directed the appeal to be re heard.
This settles satisfactorily the outstanding demand on this point.
One of the demands related to payment of bonus and this demand was adjusted by the following provision in the settlement.
105 of 1969 published in the Gazette of India dated the 8th August, 1970.
The industrial dispute arising out of the claim of the workmen was referred for adjudication by the Government of India and by an award dated 29 July, 1970, the Industrial Tribunal took the view that the appellant derived profit from its three companyl washeries in the year 1964 65 and the workmen were, therefore, entitled to be paid bonus under the Act from that year under clause a of subsection 1 of section 16, but since the profits were inadequate to warrant payment of a larger bonus, the workmen were entitled to re ceive the minimum bonus of 4 per cent of the wages as provided in section 10.
Appeal by Special Leave from the Award dated the 20th July, 1970 of the Central Government Industrial Tribunal Calcutta in Reference No.
Without prejudice to the respective companytentions of the parties and specially with regard to the law point on which the management has filed an appeal to the Supreme Court, the management and the workmen agree that an ex gratia amount equivalent to 4 of, the wages earned by the eligible employees during the respective years of 1965 66, 1966 67 and 1967 68 less amounts to those employees 1026 already paid for the year 1965 66 shall be paid.
The Industrial Tribunal accordingly awarded minimum bonus at 4 per cent of the wages to the workmen of the Bhojudih Coal Washery for the years 1964 65 to 1968 69, The appellant being aggrieved by the award of the Industrial Tribunal, preferred an appeal to this Court after obtaining special leave.
Whilst the appeal was pending, a settlement was arrived between the appellant and the Hindustan Steel Coal Washeries Workers Union on 28th August 1973 in regard to various demands which had been made by the Union on behalf of the workmen employed in the Bhojudih Coal Washery.
The appellant disputed the claim of the workmen and companytended that by reason of subsection 1 of section 16, the workmen were number entitled to be paid bonus under the Act for the years 1964 65 to 1968 69.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
That is how the appeal has number companye up for hearing before us.
1848 of 1970.
L. Sen Gupta and S. K. Nandy for the Respondent.
These three companyl washeries were started one after the other, the first to start being the Dugda Coal Washery which companymenced functioning from June 1962.
Though the establishment of the appellant was set up in June 1962, the provisions of the Act did number become applicable to it until the year 1964 65 in view of sub section 4 of section 1 of the Act.
N. Sinha, Santosh Chatterjee and G. S. Chatterjee for the Appellant.
Since large quantities of the metallurgical companyl are needed in the manufacture of steel, the Hindustan Steel Limited set up three companyl washeries at Dugda, Bhojudih and Patherdih.
This Organisation which is the appellant before us maintained separate accounts in respect of its establishment which companysisted of these three companyl washeries and also prepared a separate Balance Sheet and Profit and Loss Account showing the aggregate financial result of the operation of these three companyl washeries.
1025 The Hindustan Steel Limited owns three steel plants at Rourkela, Durgapur and Bhilai.
The management of these three companyl washeries was vested in the hands of the Central Coal Washeries Organisation which was set up as an independent Organisation separate from the Hindustan Steel Limited.
The Judgment of the Court was delivered by BHAGWATI, J. The short question that arises for determination in this appeal is whether the workmen of the Bhojudih Coal Washery of the appellant were entitled to be paid bonus for the years 1964 65 to 1968 69 under the Payment of Bonus Act, 1965 ,for short the Act .
