1, Ahmedabad.
Appeals by special leave from the Award Part 11 dated August 28, 30, 1969 of the Industrial Court Gujarat Ahmedabad in Ref.
Chief Controller of Imports Exports, Bombay, being Rs.
Appeals by special leave from the Award Part I dated August 13, 1969 of the Industrial Court, Gujarat in Ref.
The Mills Company also submitted fresh calculations.
4,25,233/ Cash by way of steel entitlement received from the Joint Plant Committee, Calcutta.
S. V. Gupte, Bhuoanesh Kumari, O. C. Mathur , J. B. Dada chanii and Ravinder Narain for the appellant.
in C.As.
9,33,213/ Cash by way of Customs Drawback realisation on certain types of pipes received from the Collector of Customs, Bombay.
3, 4 and It further directed the parties to file fresh calculation on the basis of its directions in Award Part 1.
110 of 1968.
Shri Ambica Tubes at Vata, and Shri Ambica Machinery Manufacturers in the premises of Shri Ambica Mills Ltd. No.
The said amount should be directed to be paid with interest at the prevailing rate.
Civil appeals Nos.
Based on these calculations the Industrial Court made an award directing the Mills Company to pay 4.53 of wages as bonus to all its employees in the 3 textile units and 2 engineering units.
2083 2084/69 for respondent in C.As.
110 .,of 1968.
9,72,986/ re lates to past years i.e., the year 1965 and 1966, and, according to the Mills Company that cannot, in any event, be treated as income for the accounting year 1967 to which the dispute relates.
Shri Ambica Mills Ltd. 2 and 3 have entered into an agreement to pay bonus on the lines of Shri Ambica Mills Ltd. No.
M. Tarkunde, K. L. Hathi and P. C. Kapur for the respondent in C.As.
On the basis of the above directions the Association filed the ,calculations reserving its right to appeal.
The Association requested the Mills Company to furnish the information regarding the companyputation of gross profits as well as allocable surplus to enable the Association to calculate the bonus for the year 1967.
Ahmedabad, representing the workmen against the same award.
1269 1260/70 .
1259 1260 of 70 .
In the statement of claim filed by the Association it was submitted that The Mills Company should be directed to pay bonus at the rate of 6.59 of the annual earnings.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
1 and No.
Civil Appeal Nos.
1259 and 1260 of 1970 are by the Textile Labour Association,.
IC No.
IC No.
4,25,233 but number items Nos.
The demand for the payment of bonus for the year 1967 was raised as a result of numberice of change given by the Textile Labour Association hereinafter referred to as the Association on 15 7 1968.
110 of 1968.
All the aforesaid undertakings have been treated as parts of the same establishment, namely, Shri Ambica Mills Ltd., for the purpose of companyputation of bonus.
The dispute relates to the payment of bonus for the year 1967.
The appellant mills did number agree to the payment of bonus as demanded and companyciliation proceedings having failed, the dispute was referred under Section 73 A of the Bombay Industrial Relations Act, 1946.
2083 2084/69 for the appellant in C.As.
Shri Ambica Mills Ltd. No.
1259 and 1260 of 1970.
The Mills Company supplied the said information, but it also claimed certain deductions from the gross profit for calculating the allocable surplus.
2083 and 2084 of 1969 are by the Management, Shri Ambica Mills Ltd No.
1 at Ahmedabad.
The Industrial Court held that the Mills Company was en titled to deduct the first two items i.e., cash assistance from Jt.
2083 and 2084 of 1969.
2 at Ahmedabad, Shri Ambica Mills Ltd. No.
1, against the Award Part I dated 13th August, 1969 and Part II dated 28th August, 1969, respectively of the Industrial Court, Gujarat in Reference IC No.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. Civil appeals Nos.
3 at Baroda and two engineering units, viz.,
Out of this total amount, an amount of Irs.
8,63,194/ Cash subsidy on export of steel pipes and tubes received from Joint Chief Controller of Imports and Exports, Bombay.
8,63.194 and cash payment by way of steel entitlement being Rs.
