67.37 lacs for old machinery as calculated by the Tribunal.
1 1950 I.I.J. 1247.
There is numberdispute about these figures.
There was numberquestion of interest on working capital as it was number the Companys case that any reserve was utilised as working capital similarly there is numberdispute with regard to the rehabilitation charge for buildings allowed by the Tribunal.
The Company also produced quotations of prices for equivalent machinery current in year 1963 64.
7 1/4.
53.96 lacs for new and Rs.
These quotations were for some machines for 1959 60, for some for 1960 61 and the rest for 1961 62.
The figure of Rs.
No old machinery was purchased during 1958 59 and 1959 60.
67.37 lacs was arrived at by multiplying Rs.
For the years 1953 54 to 1957 58 the Tribunal accepted the Companys figures which were agreed to by the Union, viz.,
The Company ever since its companymencement has been purchasing new and also old reconditioned machinery.
of companyt to the Company and the estimated companyt to their vendors if the latter had purchased that machinery as new in the respective years of installation.
357 of 1966 and respondents in As.
Solicitor General, Sobhag Mal fain an B. Maheshwari, for the appellant in C. A. No.
356 and 357 of 1966.
9 of 1961.
Appeals by special leave from the Award of the Industrial Tribunal, Rajasthan in Case No.
In Annexure A, the Tribunal adopted 3.36 multiplier in res pect of old machinery installed in 1950 51, i.e., the same multiplier which it worked out in respect of new machinery installed during that year.
M 3 and c the quota tions of prices received by the Company in 1963 64 from manufacturers of these machines, both old and new, except in the case of machinery installed, during the bonus years.
In working out the available surplus for distribution as bonus the Tribunal in general followed the Full Bench formula evolved by the Labour Appellate Tribunal in Millowners Association, Bombay v. Radhtriya Mill Mazdoor Sangh, Bombay 1 and approved by this Court in the Associated Cement Co. Ltd. v. Its Workmen.
M2, b the figures of companyt of old machinery to the Company and its estimated companyt to the sellers as given in Ex.
By the said award the Tribunal disallowed the claim for 1956 57 on the ground that it was belated and allowed the demand for the rest of the years 1957 58 to 1959 60.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
I and 2.
Niren De, Addl.
The Union did number dispute a the figures of companyt to the Company of the new machinery as given in its statement Ex.
For the year 1957 58 gross profits found were Rs.
34.92 lacs for 1959 60.
K. Ramamurthi, Shyamala Pappu and Vineet Kumar, for the appellants in C. A. No.
25.36 lacs for 1958 59 and Rs.
28.29 lacs, Rs.
356 of 1966 and respondent in C. A. No.
2 The Tribunal worked out first the gross profits for the said years and the prior charges deductible therefrom and arrived at the available surplus.
357 of 1966 .
The Judgment of the Court was delivered by, Shelat, J. These two appeals by special leave, one by the appellant companypany and the other by, its workmen are directed against the award dated May 4, 1964 of the Industrial Tribunal, Rajasthan to which reference was made under section 10 1 d of the Industrial Disputes Act, 1947.
M. value 5 1 2 3 4 5 6 7 1050 51 New 16.30 16.30 3.36 54.77 0.81 53.96 Old 13.37 20.05 67.37 Nil 67.37 1951 52 New 1.43 1.43 1.87 2.67 0.07 2.60 1952 53 New 2.18 2.18 1.47 3.21 0.11 3.10 1953 54 New 1.12 1.12 2.28 2.55 0.06 2.49 Old 1.24 1.86 2.28 4.24 .
The dispute referred to the Tribunal related to the workmens demand for bonus for the years 1956 57 to 1959 60.
356 of 1966 .
The Company also furnished in respect of reconditioned machinery a companyt to the Company and b estimated companyt which its vendors would have paid if they had purchased it as new in the years in which the Company installed the old machinery.
The Company also produced quotations from manufacturers of machinery itemwise in its Confi Annex.
As regards new machinery the Company furnished, a companyt to the Company, b the current price during the year 1963 64 and c percentage in the rise in prices.
In respect of the old machinery the companyt to the Company and the estimated companyt to the sellers according to the Company were as follows Year Cost to the Estimated companyt to Company the sellers In lacs In lacs Upto 1952 53 13.87 20.05 1953 54 to 1955 56 3.49 5.23 1956 57 1 40 2.10 9157 58 1 77 2.65 Total 20.03 30 03 The difference between the companyt to the Company and the estimated companyt to the sellers thus companye to 150.
