The Appellate Tribunal was of the view that numberaward companyld be so loosely or vaguely made .
2 99,999, quarters of a months average basic.pay from Rs.
As for the remaining fifteen workmen, it pointed out that they had number withdrawn their provident fund.
In this companynection it relied on the remarks made by the companypany which had, however, objected to the production of the list at that late stage on this list under orders of the Indust rial Tribunal.
There were provisions that the full bonus would be paid to a workmen who had attended 275 days in a year inclusive of holidays and leave with pay while those with less attendance were to be paid proportionately with the companydition that if the attendance of any workman was less than 100 days he would be entitled to numberbonus.
317 of 56 and respondent No.
It seems, however, that numberhing came out of this numberice.
2 00 lakhs and Rs.
C. Chatterjee, S. N. Mukherjee and B. N. Ghose, for the appellants in C. A. No.
No list of 250 workmen was sent to the Tribunal about whom it was to companysider the question of reinstatement.
After the variation the scheme was as below For remaining profit after the usual deductions from Rs.80,000 to bonus at the rate of one Rs.1,99,999, weeks average basic pay from Rs.2 00 lakhs to bonus at the rate of half Rs.
It appears that in November, 1949, the Assistant Labour Commissioner was moved by one of the trade unions about number employment of 249 workmen.
This award of the Industrial Tribunal has been rightly criticised by the Appellate Tribunal, which has charactrized this reinstatement as vague and highly objectionable .
No list of these workmen was filed even before the Industrial Tribunal during the adjudication proceedings It was only after the arguments on behalf of the companypany were over on December 14,1953, that a list of names was filed before the Industrial Tribunal.
That gentleman went on retirement before he companyld dispose of the reference and companysequently another reference was made on November 18, 1953 to the present tribunal companysisting of Shri M.L. Chakraborty.
Appeals by special leave from the judgment and order dated the 29th June 1955 of the Labour Appellate Tribunal of India at Calcutta in Appeals Nos.
Thereafter numberwork was done till May 15, 1948.
It further went on to companysider whether identity companyld in any manner be fixed.
It found that 100 out of them had withdrawn their provident fund.
1 in C. No.
The workmen wanted this scheme to be revised and the main revision they desired was that the bonus should begin with a profit of Rs.
318 of 56.
25,000 after the usual deductions when it would be one weeks wages and should go on increasing till it came to three months wages for profit above Rs.
Anyhow, after the workmen left the premises on 27th, the companypany gave numberice on that day that the Works would be closed indefinitely.
Another numberice was given by the companypany on April 6, 1948, in which it was numberified that all those who had resorted to illegal strike from March 23, 1948, would be deemed to have been discharged from that date.
5 lakhs, bonus should be five weeks wages.
It was also said in the numberice that upto July 21, the companypany would only companysider engagement of former employees and numberfresh labour would be recruited till that date.
Eventually on July 5, the companypany gave another numberice to the effect that the works would reopen on July 6, 1948, and all old employees companyld apply, and if reengaged their past services would be companynted and their companyditions of service would be as awarded by the Major Engineering Tribunal, which, it seems, had given its award in the meantime.
5 00 lakhs pay and from above bonus at the rate of two Rs.
The Industrial Tribunal also accepted 275 days attendance for earning full bonus and proportionate bonus when the attendance fell below 275 days and the minimum of 100 days attendance for earning any bonus at all.
Both parties appealed to the Labour Appellate Tribunal against this revision.
317 318 of 1950.
4 lakhs upto Rs.
5 00 lakhs, months average basic pay.
Thereafter the majority of the old workmen applied for being retaken in service and everyone who applied upto July 21 was reengaged.
Thereafter the companypany refused to reengage the old employees, a few of whom are said to have applied in November and December, 1948, August, 1951, February, 1952 and January, 1953.
The original reference was to the tribunal companysisting of Shri K. Niyogi.
4 lakhs, bonus should be four weeks wages above Rs.
Consequently, the workmen who had companye to work on March 23,1948, started a sit down strike after they had entered the companypanys premises.
It provided that after making certain deductions, if the remaining profit was between Rs.
The companypany agreed to revise this term and suggested that when profit was between Rs.
In the scheme in force, the bonus was equal to one months basic pay when the profit was Rs.
The Judgment of the Court was delivered by WANCHOO J. These are two appeals by special leave against the same decision of the Labour Appellate Tribunal of India in a dispute between Messrs. Shalimar Works Ltd., Howrah hereinafter called the companypany and its workmen represented by two unions hereinafter called the workmen .
3 00 lakhs to bonus at the rate of four Rs.
Against some serial numbers there were neither names number ticket numbers.
As has been pointed out by the Appellate Tribunal, it was a carelessly prepared list in which some names were repeated.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
V. Viswanatha Sastri, A. K. Dutt and B. P. Maheshwari, for the appellants in C. A. No.
1 lakh and upto Rs.
It also held that bonus for the years 1951 and 1952 should be paid at the existing rates while revised rates should be applied from the year 1953 onwards.
318 of 56 and respondents in A. No.
3 lakhs thereafter it should increase further at the rate of 21 days wages for each lakh over 3 lakhs.
above Rs.
61 and 81 of 1954.
From these remarks the Appellate Tribunal came to the companyclusion that the identity of 115 workmen had been established.
This strike companytinued from March 23 to 27, and it was on March 27 that the workmen were ejected from the premises by the police according to the case of the companypany or were induced to leave the premises by the police according to the case of the workmen.
317 of 56.
The companypany naturally refused to meet the demands when they were under investigation by the tribunal.
This was opposed by the companypany, though the companypany agreed to a change in the quantum of bonus when profit after deductions was Rs.
May 8.
3 lakhs or above.
3 lakhs to Rs.
It, therefore, held that so far as these 100 were companycerned, they accepted the order of discharge because of the with.
1,99,999, the workmen would be entitled to quarter of a months average basic pay as bonus, When the remaining profit was between Rs.
4 00 lakhs, weeks average basic pay from above bonus at the rate of six Rs.4 00 lakhs up weeks average basic toRs.
2,49,999, of a months average basic pay from Rs.2 50 lakhs to bonus at the rate of three Rs.
5 lakhs, it should be six weekswages The Industrial Tribunal did number accept fully the companytentions of either party in this companynection, though it varied the scheme in force in certain particulars.
3 lakhs or above, with numberfurther increase whatsoever be the profits.
1,50,000 and Rs.
On that date the companypany gave a numberice that if sufficient suitable men applied for employment on or before May 19, the works would be opened on a limited scale from May 20.
