was restored gradually, beginning with 15 days basic pay in 1958 In the letter addressed to the General Secretary dated 26th August, 1973 reference is again made to the demands made by the association for additional bonus for 1972 and to the subsequent discussions and agreement for payment of bonus at the rate of two months and 12 days pay as on 1.9.1973.
K Ramamurthi and Amlan Ghosh for the Appellants.
Their further case was that this bonus was paid every year on the eve of Pooja at the rate of pay as on 1st September of the respective year and was unrelated to any profit made by the companypany.
KHALID, J. This appeal, by special leave, by two employees of the United Bank of India at Calcutta, is directed against a decision given by the Central Government Industrial Tribunal 1059 cum Labour Court, Calcutta, on 28th December, 1979, in an application made under Section 31 C 2 of the Industrial Disputes Act, 1947.
From the Judgment and Order dated 28.12.1975 of the Central Govt.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
B. Pai, V.S. Desai, D.N. Mukherjee, N.R. Chaudhary and R. Mukherjee for the Respondent.
The two months rate companytinued till the year 1969.
In 1972, the General Secretary of the Union claimed by a letter that the employees were getting bonus at the rate of two months pay at the time of Pooja, irrespective of profits and asked for an enhancement of rate of bonus.
In 1969, the Bank was nationalised and till 1971 bonus at the rate of two months basic salary was sanctioned by the Ministry of Finance and was accordingly paid to the employees.
Discussions were initiated and ultimately the Bank agreed to pay an additional bonus for the year 1972 of an additional four days pay and for the year 1973 two months and 12 days and for 1974 two months and 271/2 days.
Labour Court at Calcutta in Application No C. 28 of 1976.
1416 of 1981.
In the letter dated December 29, 1972, addressed to the General Secretary of the Association it is stated that in case of this Bank, bonus is paid on the basis of the agreement arrived at between your association and the management equivalent to two months basic pay Reference may also be made to a letter dated 17th April, 1973, by the Association to the Chairman and Managing Director of the Bank which reads as follows As you know, bonus is being paid at the present rate of two months basic pay as on September 1st each year since 1964, when after a companytinuous struggle the original pre amalgamation rate.
