35 68.
35 58 per ton.
It was seriously companytended before us by learned companynsel for the respondent that we should accept the figure given in the balance sheet as the same is supported by certificates of the same firm of chartered accountants, and their letters addressed to the Managing Agents of the Company.
21,12,875.97.
95,256 3 income tax at 45 as per Finance Act i. e. Rs.
This was however subject to the qualification as to several figures of expenses incurred during the year.
The last item disputed by the appellant was the return on working capital which was shown as Rs.
The letter Ex.
P 13 prepared by the Managing Agents of the companypany and certified as companyrect by their chartered accountants on September 28, 1961 showed that the fuel companysumed was 54,962 tons at an average companyt of Rs.
8,88,598.29.
37.81 per ton or Rs.
The above will show that there was companysiderable discrepancy as to the value of the companyl companysumed as reported to the Government and as reported to the Managing Agents of the Company by the accountants.
Appeal by special leave from the Award dated January 30, 1967 of the Industrial Court, Madhya Pradesh, Indore in Reference No.
It was this last figure which was challenged by the appellant.
1,07,052 and 4 return of 6 on working capital which was quantified at Rs.
38.47per tonne.
The Judgment of the Court was delivered by Mitter, J. This appeal arises out of an award dated January 30, 1967 of the Industrial Court of Madhya Pradesh hereinafter referred to as the Tribunal .
The term of reference to the Tribunal was Whether the employees of Jabalpur Electric Supply Company Ltd., have a case for payment of bonus for the year 1960 61 and what should be its quantum and terms of payment?
39 09 per ton or Rs.
1,94,435/ in place of Rs.
C. Chagla, D. N. Mukherjee and M. M. Sapre, for respondent No.
P 18 the said figure was made up of the following Rs.
1,07,052/ .
According to the letter Ex.
21,12,875 97 in the revenue account the companyrect figure would be Rs.
38,377 78 and that additions, sales and adjustments during the year was Rs.
37 21 per tonne metric .
This award was the subject matter of an appeal before this Court and on 11th March 1956 the parties to that appeal arrived at a companypromise and it was agreed without prejudice to their respective companytentions that the companypany should pay to the employees one per cent in addition to the bonus already paid by it for the years 1956 57, 1957 58 and 1958 59 but the companypany should number pay any additional bonus for the year 1959 60.
He referred to various exhibits viz.,
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This according to the appellant was a solemn document inasmuch as it had to be prepared and submitted under sub rule 3 of Rule 26 of the Indian Electricity Rules, 1937.
Oral evidence was also adduced of one B. Chatterjee, an Assistant in the Electricity Department of Martin Burn Ltd. Calcutta who stated that the rate shown in Ex.
D The evidence given on this head was that of Mr. B. Chatterjee.
This figure as shown in Schedule F to the profit and loss account was Rs.
According to the Tribunal, it was number necessary to companysider the other two items, return at 6 on other reserves employed in the business Rs.
This was sought to be explained in the oral evidence of one L. S. Mcleod who stated that the statement prepared under the Electricity Act was on the basis of the record maintained by the Head Office but the total companysumption of the companyl during the year was 54,962 tons and the average companyt of companyl per ton was Rs.
35 58 per ton was the estimated value of companyl received per ton and that this figure has been arrived at the Power House Jabalpur purely on estimates and that the estimate did number take into account certain liabilities i.e. certain suppliers bills which were accounted for and audited at the Head Office at Calcutta.
The appeal to this Court is by special leave.
D 28 dated 20th September 1961 the books and records of the Jabalpur Electric Supply Company Ltd., for the period 1st April, 1960 to 3 1 St September, 1960 showed the average companyt of companyl delivered to bunkers during the period to be Rs.
34,584.11 as companyt of printing, stationery and advertisement, Rs.
1,57,4281 .
P 13 i.e. Rs.
6/MPIR/1961.
The statement is headed Summary of Technical and Financial Particulars for the year ended 3 1 St March, 1961.
19,55,447/ which would swell up by the gross profits by the difference between he two amounts, viz.,
If the figures with regard to the quantity of companyl 1 1959 S.C.R. 925 6 M 1245 Sup CI/71 and the average companyt in Ex P 13 be taken into account, instead of the figures Rs.
The claim for bonus was made under two heads the first was for bonus out of the profits quantified at 50 of the total earnings of the employees and the second was for festival bonus at 10 of the said total earnings which was claimed as an implied term of the companytract of employment and as an established practice, having been paid irrespective of profits or losses before Diwali every year companytinuously from 1940 41 without any break.
D 22 to D 27 in this companynection.
The first related to the figure in the revenue account where the companyt of companyl and fuel was shown by the companypany as Rs.
8,25,243/ .
Schedule E to the balance sheet for the relevant year fixed capital expenditure shows that the original companyt of furniture and equipment up to 31st March 1960 was Rs.
For the year 1956 57 payment was made under an interim award of Mr. Kher, Judge, Industrial Court.
752 of 1967.
For the years 1957 58, 1958 59 and 1959 60 payment was first made under an interim award of Justice Bhat who finally passed an award accepting the claim of the Union for payment of Diwali bonus.
N. Phadke, Gulab Gupta and Vineet Kumar, fir the appellant.
1 1962 2 L.L.J. 772.
These two figures were sought to be supported by the certificates of the chartered accountants dated 18th April, 1963.
8,25,243/in Ex.
According to the appellant, the document Ex.
5,498 76 and the total depreciation written off to 3 1 st March 1961 was Rs.
