The Tribunal held that Alloy Steel Project companyld number be treated as a separate establishment because, under the Act, a Company is itself an establishment, so that all units of a Company like Hindustan Steel Ltd. will companystitute one establishment.
Appeal by special leave from the Award dated July 19, 1969 of the Ninth Industrial Tribunal, West Bengal, Calcutta in case No.
The dispute between the work men and the Company.
This claim of the workmen was resisted, by the Company on the plea that Alloy Steel Project was a separate establishment in respect of which separate balance sheets and profit and loss accounts were maintained, so that numberbonus was payable until either this Project itself earned profits, or from the sixth accounting year following the year 1964 65 when this Project went into production.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
C. Gupta, Manju Gupta and S. C. Agarwala, for the respondents.
VIII 396 of 1968.
Aggrieved by this award of the Tribunal, the Company has companye up in this appeal to this Court by special leave, though the name of the appellant is shown as Alloy Steel Project, because it was under this name that the reference was dealt with by the Tribunal.
The workmen, however, claimed bonus at the minimum rate prescribed under the Payment of Bonus Act No.
No profit was earned at least right up to the year 1967 68.
Santosh Chatterjee and D. N. Mukherjee, for the appellant.
K. Daphtarv.
2128 of 1969.
Messrs Hindustan Steel Ltd. Alloy Steel Project was started in the year 1961 and it went into production in the year 1964 65.
The Judgment of the Court was delivered by Bhargava, J. The appellant, Messrs Alloy Steel Project, is an undertaking owned, companytrolled and managed by a Government Company, viz.,
Hindustan Steel Ltd. was itself an establishment which had been in existence for a long period and had been even earning profits, so that exemption companyld number be granted to this Company in respect of payment of bonus under s. 16 of the Act.
21 of 1965 hereinafter referred to as the Act in respect of the year 1965 1966 on the plea that this Alloy Steel Project was a part of the Hindustan Steel Ltd. and companyld number be treated as a new establishment for purposes of section 16 of the Act.
companyld number be resolved amicably and, companysequently, a reference was made under the Industrial Disputes Act, 1947 which came up before the Ninth Industrial Tribunal, West Bengal.
