The companypany challenged the award by filing a writ petition in the Bombay High Court.
The companypany by its numberice dated March 14, 1972 had numberified that the workmen at the head office would be paid bon us at 4 per cent of their total earning for the year 1970 71.
The Tribunal agreeing with the companytention of the workers that what was paid to the employees at the branch offices as ex gratia amount, was in fact numberhing but additional bonus for the year 1970 71 held that the demand was legal and proper and directed payment of bonus to the workers at the head office at the rate at which it had been paid to the workers at the branch offices.
Hence this does number appear to be a matter for interference.
The dispute arising on this demand by the head office employees was referred for adjudication to the Industrial Tribunal, Maharashtra, Bombay.
This appeal by special leave is directed against the above order of the High Court.
It was agreed that over and above 4 per cent bonus, the Hindustan Construction Company will pay additional amount of 6 per cent ex gratia to the workers for the year 1970 71 in the pay packet of June, 1971.
Paragraph 4 of the memorandum of settlement reads It was decided that although the workers were entitled to 4 per cent bonus under the bonus Act, it will be necessary to afford some relief to the workers.
C. Gupta, J. Following a settlement with the workers employed in their different branches, the appellant, Hindustan Construction Co. Ltd. referred to hereinafter as the companypany paid to these workers an amount equivalent to 6 per cent of their total earnings for the financial year ending 31 July 1971, in addition to honus at 4 per cent of the annual earnings.
The workmen employed in the head office of the companypany at Bombay demanded that they should also be paid an amount equivalent to 6 per cent of their total earnings for the financial year ending 31 July 1971 in addition to bonus at 4 per cent of the annual earnings as had been paid to the other employees of the companypany.
