d. 1 dated february 18 1955.
it was agreed between both the parties that the payment of general bonus will be increased from 171 to 18 21 on the wages excluding dearness allowance.
the same was incorporated in the final agreement of numberember 22 1951.
three points emerge from this demand of the union 1 increase in the rate of general bonus and percentage to be worked out on wages including dearness allowance 2 a claim for payment of pooja or festival bonus and 3 the payments of both 1 and 2 to take effect from january 1 1954.
it is seen that there were as many as 45 meetings between the representatives of the union and the companypany beginning from april 9 1954.
appeal by special leave from the award dated september 16 1967 of the third industrial tribunal west bengal in case number viii 235/66.
but the significant point to be numbered is that in ex.
it was companytended that the tribunal having held that the agreement of 1962 was a self contained agreement companymitted a very serious error in law in interpreting the term general bonus occurring in the said agreement by reference to the previous agreements.
after further discussion the chairman agreed to a token increase in the rate of bonus.
d.1 shows that the demands in letters dated december 28 1953 march 11 1954 and march 15 1954 were discussed thread bare between the parties.
the judgment of the companyrt was delivered by vaidialingam j. in this appeal by special leave the short question that arises for companysideration is whether the appellants are precluded by s. 32 vii a of the payment of bonus act 1965 hereinafter to be referred as the act from claiming bonus under the act in view of the agreement ex.
b. 3 the reason given by the union itself for claiming general bonus at an increased rate and for working out the percentage of wages including dearness allowance was the necessity for giving incentive to the employe .
k. daphtary and m. c. bhandare b. p. maheshwari and leila sheth for the respondent.
on may 15 1951 the union made a representation for modi fying the agreement ex.
debabrata mookherjee janardan sharma and anil das chow dhury for the appellants.
the companypany on the other hand after a reference to the various prior agreements under which the amounts have been paid as bonus though under different names pleaded that the general bonus paid under the agreement ex.
number 1040 of 1968.
civil appellate jurisdiction c.a.
in respect of this demand on october 3 1951 agreed minutes of discussion and agreement between the parties were recorded in ex.
d. mookerjee learned companyn sel very strenuously criticised the reference made by the tribunal to the previous agreements for interpreting the nature of the payment under ex.
a.5 dated august 30 1962.
this is the seventh agreement in the series.
a5 dated august 30 1962.
these demands of the union were discussed and agreed minutes of discussion and agreement were recorded in ex.
