18A of the Industries Development and Regulation Act, 1951 IDR Act short appointing an authorised companytroller in respect of an industrial undertaking, it is run by the authorised companytroller under the authority of a Department of the Central Government and therefore, in view of the provision companytained in Sec.
K. Ramamurthi and A.G. Ratnaparkhi for the Appellant.
The Union demanded bonus for each of the four accounting periods according to the provisions of the Payment of Bonus Act, 1965 Bonus Act for short .
Appeals by Special Leave from the Award dated the 27th November, 1970 of the Industrial Court, Maharashtra Nagpur Bench Nagpur in References I.C.N. Nos.
Accordingly, all the four references were rejected.
It was companytended that once a numberified order is issued under Sec.
18A of the IDR Act by the Central Government in respect of an industrial undertaking, does it acquire the status of an establishment engaged in an industry carried on under the authority of the Department of Central Govt.
Hence these appeals by special leave.
The employer resisted the references on diverse grounds.
The Conciliation Officer recorded a failure on June 23, 1969 and issued a certificate under Sec.
73A of the Act certifying that the dispute was number capable of being settled by companyciliation.
This companytention found favour with the Industrial Court.
CIVIL APPELLATE JURISDICTION Civil Appeals No.
32 IV of the Bonus Act its employees are excluded from the application of Bonus Act and the references must accordingly be rejected.
The Union companyld number make a specific demand for bonus calculated at a certain percentage of the salary alleging that as it has number got the requisite information about financial position and balance sheet of the Employer, the Industrial Court should companypute the bonus which becomes payable under the Bonus Act, and award the same to the workmen of the Employer.
The Industries Development and Regulation Act, 1951 was enacted to provide for development and regulation of scheduled industries.
Armed with the power of an approved Union the union made the aforementioned four references to the Industrial Court.
The Union as representative Union of the employees served a numberice of change making the demand for bonus.
A separate reference was made in respect of each accounting year.
13, 14, 15, and 19 of 1969 companymunicated to the parties on 14 1 1971.
The matter was taken into companyciliation.
