Appeal by special leave from the award dated May 18, 1958, of the Industrial Tribunal, Bombay, in Reference I. T. No.
The second companytention urged on behalf of the appellant is that the Tribunal erred in granting to the clerical staff bonus at the same rate as was payable to the labour staff, on the basis of the agreement, and should have granted bonus to the clerical staff, at a lower rate.
On the one hand, it rejected the clerical staffs claim for bonus at a higher rate than what the workmen were entitled to, as this would lead to industrial discontent and strife , and on the other held that there was numberreason to grant the clerical staff bonus at a lower rate.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Accordingly it awarded bonus at the rate of 9/24ths of the basic wages, to the clerical staff, for the year ending December 31, 1956.
Two companytentions were raised in appeal.
the bonus to the clerical staff ought to be on the same scale.
February 1.
The Tribunal held that such an agreement as regards bonus for 1956 had been voluntarily entered into on behalf of the workers and was beneficial to them and was of opinion that.
The companypany resisted this demand mainly on the ground that there was in existence an agreement between the companypany and its labour employees whereby bonus for the year 1956 had been settled at 4 1/2 months basic wages, that the general practice in awards in the matter of bonus had in the past been to award or grant lesser amounts to clerical employees than to labour, and that in any case,, to grant the same rate of bonus to clerical employees and labour employees would be to encourage or to invite strife and discontent.
250/1959.
N. Shroff, for the appellants.
Janardan Sharma, for respondent No.
The demand of the workmen, was for bonus equivalent to 8 months total earnings of the year.
between the appellant companypany, and their clerical staff on the question of bonus for the year 1956.
C. Setalvad, Attorney General for India, S. D. Vimadalal and 1.
106 of 1955.
The Judgment of the Court was delivered by DAS GUPTA, J. This appeal by special leave arises out of an industrial dispute.
