Appeal by Special Leave from the Judgment and order dated the 28th November, 1968 of the Orissa High Court in J.C. No.
T. Desai and M. N. Shroff and R. N. Sachthey for Respondents 1 and 5.
Santosh Chatterjee and G. S. Chatterjee for Respondent No.
an application under s. 18 3 b of the Industrial Disputes Act praying that for a proper adjudication of the issue referred to the Tribunal it was necessary to bring on record the companypany as a party to the proceedings.
The earlier decision is reported in 1964 7 S.C.R. 596 Hochtief Gammon v. Industrial Tribunal, Bhubaneshwar, Orissa Ors.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Thereafter the appellant filed.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. The question of bonus for 16,000 workmen for the years 1958 59 and 1959 60 is still being fought out on preliminary points and this is the second time the matter has companye to this Court.
The companytract was a companyt companytract with a target sum plus fixed overheads and fee, that is, the companypany was to pay to the companytractor all companyts of companystruction and in addition pay fixed overhead or the head office general expenses of the 1 1964 7 S.C.R. 596.
S. Nariman, A. G. Meneses, Sharad Manohar and J. B. Dada chanji, for the Appellant.
This application was rejected.
In August 1957 the Hindustan Steel Ltd., the 4th respondent in the appeal, hereinafter called the companypany, and the appellant, a partnership of a West German companypany and an Indian companypany, hereinafter called the companytractor, entered into a companytract for execution of the foundation and civil engineering work of the Hot and Cold Rolling Mills at Rourkela including the purification and other civil engineering work of the Hot and with the water supply to the Rolling Mills.
1827 of 1969.
They pointed out that any amount payable to the labourers engaged by the companytractors for what soever reason was a companytract expenditure within the meaning of the term companytract and payable by the companypany as it was entirely responsible for payment of all remuneration to the workmen and all expenditure incurred by reason of any demand put forward by the workmen in companynection with the works, was debitable to the companytract and payable by the companypany.
152 of 1964.
that petition also having been dismissed an appeal was filed before this Court by special leave.
