Conciliation proceedings before the Conciliation Officer having failed, the dispute was submitted to the Government which by its Order, dated May 2, 1967 referred the same for adjudication to the Industrial Tribunal.
Appeal by special leave from the Judgment Order dated the 8th July, 1971 of the Bombay High Court in S.C.A. No.
Their demand was number met by the Company.
The Judgment of the Court was delivered by SARKARIA, J. Whether the difference of 10 per cent between an Industrial Company and other Companies in the levy of Income tax provided in the Finance Act, 1966 is to be companystrued a rebate or relief in the payment of any direct tax, for the development of an industry for the purposes of S. 7 e of the Payment of Bonus Act, 1965, for short, the Bonus Act is the short question that falls to be answered in this appeal by special leave.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant is a Private Ltd. Company.
One of the points mooted before the Tribunal was, whether in calculating the available surplus, the direct tax payable by the Company was deductible at the rate of 55 per cent or 65 per cent.
It employs about 170 workmen.
1 was that the rate should be 55 per cent as the Company was paying the tax at the rate As against this, the Company companytended that it was entitled to deduct as per s. 7 e of the Bonus Act, direct tax at the numbermal rate of 65 per cent and number at 55 per cent which was only a companyfessional levy amounting to a relief for the purpose of development.
C. Bhandare, P. H. Parekh and S. Bhandare, for the appellant.
The case of the Mazdoor Saneh Respondent No.
2053 of 1971.
it manufactures automobile ancillaries and other goods in its Factory at Bombay.
The workmen demanded bonus for the year 1964 65.
1346/68.
