As mentioned earlier, the year of account is 1964 65, which is October 1, 1964 and ending September 30, 1965.
813 and 1302 of 1967 are by the two Unions representing the workmen, against that part of the Award rejecting the claim of the Unions for adding back certain items for the purposes of calculating the rate of bonus to be paid by the appellant Company.
Though the question referred was regarding the, claim for higher bonus than 17.5 per cent, all parties were agreed that the appellant Company had actually offered and paid as bonus for the said year at 17.58 per cent.
Appeals by special leave from the award dated January 20, 1967 of the National Industrial Tribunal, Calcutta in Reference No.
It is on this basis that the dispute also was adjudicated by the National Industrial Tribunal.
As the sum of Rs.
The appellant Company was incorporated under the Indian Companies Act, in 1935 and was made into a public companypany in 1958.
Later on, this order of reference by the State Government was cancelled and the Central Government by order dated July 7, 1966 referred the dispute for adjudication to the National Industrial Tribunal at Calcutta.
B. Pai and D. N. Mukherjee, for the appellant in C.A. No.
It is a venture of the British Oxygen Company incorporated in England and the English Company still holds a little over 66 of the shares of the Indian Company.
415 of 1967 and respondent No.
1,72,69,770 was the total salary and wages including Dearness Allowance payable for the said year, the allocable surplus worked out at 17.58 of the said total wage bill and hence bonus was declared at that rate.
1302 of 1967 .
415 of 1967 , the appellants in C.A. No.
3 in C.A. 415 of 1967 .
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The accounts of the Company were passed at the Annual General Meeting held on February 12, 1966.
The Company calculated bonus at the rate of 17.58 of the total annual wages or salary plus Dearness Allowance and declared the said amount payable by numberice dated March 23, 1966.
415 and 813 of 1967 and the appellants in C.A. No.
The Company has been paying bonus to its workmen from 1948 and since, then it has been paying bonus by agreements with the union.
The Unions protested against the rate of bonus declared by the Company and demanded a substantial increase in the quantum of bonus.
813 and 1302 of 1967.
2 in C.A. No.
Janardan Sharma and Indira Jaisingh, for respondent No.
Originally, there was a reference of the dispute by the Government of West Bengal to a Tribunal.
If so, what should be the quantum of bonus for the said year?
1 in C.A. No.
The main products of the Company are production of industrial gases like oxygen, dissolved acetylene, nitrogen and hydrogen and also electrodes and welding equipment and medical equipment.
1 in C.As.
NIT 1.
415 of 1967 is by the Company regarding the disallowance of certain items by the Tribunal for arriving at the available and allocable surplus for calculating bonus to be paid for the accounting year 1964 65.
813 of 1967 and respondent No.
The bonus, so paid, has been more or less at five months basic wages, subject to a minimum and maximum as per the agreement.
For the year in question, 1964 65, there was numberagreement, as the Payment of Bonus Act, 1965 hereinafter to be referred as the Act came into force.
The Company originally worked out the allocable surplus under the Act for the said year at Rs.
4 in C.As.
415, 813 and 1302 of 1967.
Civil Appeal No.
L. Dudhia, C. G. Nadkarni, K. L. Hathi and P. C. Kapur, for respondent No.
NIT 1 of 1966.
Civil Appeals Nos.
1302 of 1967 .
of 1966.
R. Chaudhuri, for respondent No.
Janardan Sharma, for the intervener, The Judgment of the Court was delivered by Vaidiyalingam, J. AR these appeals, by special leave, are directed against the Award dated January 20, 1967 of the National Industrial Calcutta in Reference No.
30,35,958.
