bonus should be determined by the ratio of days filled in by a worker to the number of working days in a month.
the above benefits should be paid with retrospective effect from 1st july 1961.
in this order of reference it was stated that a previous reference had already been made on december 10 1962 regarding the revision of production bonus scheme for the workmen of the companypany.
ibcon private limited in their report dated october 1963 as desired by the management ?
government has also stated in the said order that it is of the opinion that the matter on which a further reference is asked for by the employer is companynected with or relevant to the said dispute.
it is further stated that the company made a representation companythe state government that the terms of reference already made should be supplemented so as to include the above question also.
appeal by certificate from the judgment and order dated march 15 1966 of the bombay high companyrt in special civil application number 1067 of 1964.
production bonus for all monthly rated employees should be paid with retrospective effect from 1st july 1961.
the reference to the said dispute is regarding the revision of production bonus which was already the subject of the reference dated december 19 1962.
the state.
made anumberher reference to the same tribunal as follows should the existing incentive scheme of production bonus be replaced by the new incentive scheme evolved by messrs.
the tribunal appears to have passed an award on february 27 1964 on all the disputes companyprised in the 1st reference excepting demand number 3 which as we have already stated relates to the revision of the existing production bonus scheme.
in part 11.
the union filed an application before the tribunal stating that the second reference dated january 18 1964 should number be adjudicated upon.
civil appellate jurisdiction civil appeal number 1098 of 1969.
50 of the average production bonus paid to the employees directly companynected with production should be paid as productions bonus to all other monthly rated employees.
for monthly rated employees the dispute regarding production bonus was as follows production bonus.
bhandare also pointed out that the question companyered by the second reference is really a matter which companynected with or relevant to the dispute already pending before the tribunal.
monthly rated employees companynected directly with production should be paid production bonus at the same rate paid to daily rated workmen.
should be abolished.
this objection was raised on the ground that the order dated january 18 1964 really amounts to the withdrawal of the previous reference made on december 19 1962 and that it interferes with the exercise of the powers of the tribunal in the matter of adjudicating dispute number 3 already referred to it the management opposed this application on the ground that the order dated january 18 1964 does number have the effect of withdrawing the previous reference and that on the other hand the dispute that was referred by order of 1964 was really one companynected with or relevant to the dispute which was already pending adjudication before the tribunal.
the existing by laws and clauses regarding the absenteeism etc.
when the adjudication on that reference was pending the state government on january 18 1964.
on december 19 1962 the state.
p. kapur for respondent number 2 1 the judgment of the companyrt was delivered by vaidialingam j. this appeal on certificate by the state of maharashtra is directed against the judgment and order of the bombay high companyrt dated march 15 1967 special civil application number 1067 of 1964 quashing the order of the state government dated january 18 1964 making a reference to the industrial tribunal.
c. bhandare and s. p. nayar for the appellant.
