Appeals by special leave from the judgment and order dated the 27th July 1955 of the Labour Appellate Tribunal of India at Calcutta in Appeal No.
K. Mukherjee and P. K. Ghosh for the respondents.
C. Setalvad, Attorney General for India M s. J. B. Dadachanji, S. N. Andley and Rameshwar Nath, Advocate of M s. Rajinder Narain Co., with him for the appellants.
The companypany was incorporated on September 15, 1947 and took over the good will and trading rights of Messrs. M. M. Ispahani Ltd. and also purchased the stock in trade, properties and assets of that companypany.
As numberbonus was paid in 1953, a dispute arose between the companypany and the workmen, which was referred for adjudication along with other, matters.
474 is by the employees of the companypany represented by Ispahani Employees Union hereinafter called the workmen .
473 474 of 1957.
As to the benefits arising out of the service rendered by the workmen under Messrs. M. M. Ispahani Ltd., it held that there was termination of employment of the workmen when Messrs. M. M. Ispahani migrated to Pakistan and the employment of the workmen by the companypany was fresh employment and they therefore were number entitled to any benefits arising out of their employment under Messrs. M. M. Ispahani Ltd. Both the companypany and workmen applied for special leave to appeal to this Court against the decision of the Appellate Tribunal insofar as it was against them.
May 6.
That companypany thus became a Pakistani companypany after August 1947.
On the other question relating to whether the workmen were entitled to receive from the companypany any benefits for the period of service rendered by them under Messrs. M. M. Ispahani Ltd., it held that the workmen were entitled to take into account the service rendered by them under Messrs. M. M. Ispahani Ltd. in the matter of benefits due under the law during their service under the companypany.
473 is by Messrs. Ispahani Ltd. hereinafter called the companypany and appeal No.
257 of 1954.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
This award led to two appeals, one by the companypany on the question of benefits arising from the service rendered under Messrs. M. M. Ispahani Ltd., and the other by the workmen with respect to puja bonus for the year 1953.
The Judgment of the Court was delivered by.
They will be disposed of by one judgment.
There was a dispute between the companypany and its workmen on a number of matters, which was referred by the Government of West Bengal to the adjudication of the Second Industrial Tribunal, by an order of December 17, 1953.
WANCHOO J. These are two companynected appeals by special leave against the decision of the Labour Appellate Tribunal in an industrial matter.
Shortly before the partition took place, Messrs. M. Ispahani Ltd. transferred their registered head office from Calcutta to Chittagong, number in Pakistan.
Most of the shares of the companypany were, however, held by Messrs. M. M. Ispahani Ltd. and the business of the, companypany was of the same nature and was carried on in the same premises with the same telegraphic address and with the same workmen on the same remuneration.
Originally, there was another companypany called Messrs. M. M. Ispahani Ltd. which was carrying on business in Calcutta since December 1934 before the partition of India.
Appeal No.
The Labour Appellate Tribunal allowed both the appeals.
There were a number of matters which had to be adjudicated upon but of these only two number survive, namely 1 whether the workmen are entitled to puja bonus for 1953, and 2 whether the workmen are entitled to receive from the companypany any benefits for the period of service rendered by them under Messrs. M. M. Ispahani Ltd. A few facts may be set out here to give the background of this dispute.
The Industrial Tribunal held that it had number been established that puja bonus had been paid at the uniform rate of one months wages for a sufficiently long time and for unbroken period, and therefore rejected the claim for puja bouns for 1953.
It, however, companytinued to own properties in India and carried on some business in Calcutta on a small scale.
