LAWS(SC)-1971-12-28

INDIAN OXYGEN LIMITED WORKMEN OF INDIAN OXYGON LIMITED WORKMEN OF INDIAN OXYGEN LIMITED Vs. WORKMEN:INDIAN OXYGEN LIMITED CALCUTTA:INDIAN OXYGEN LIMITED

Decided On December 09, 1971
INDIAN OXYGEN Appellant
V/S
WORKMEN Respondents

JUDGEMENT

(1.) ALL these appeals, by special leave, are directed against the Award dated 20/01/1967 of the National Industrial Tribunal, Calcutta in Reference No. NIT-1 of 1966. Civil Appeal No. 415 of 1967 is by the Company regarding the disallowance of certain items by the Tribunal for arriving at the available and allocable surplus for the accounting year 1964-65.

(2.) CIVIL Appeals Nos. 813 and 1302 of 1967 are by the two unions representing the workmen, against that part of the Award rejecting the claim of the Unions for adding back certain items for the purposes of calculating the rate of bonus to be paid by the appellant company.

(3.) THE Unions protested against the rate of bonus declared by the Company and demanded a substantial increase in the quantum of bonus. THE claim by the Indian Oxygen and Acetylene Employees' Federation was for payment of bonus equal to eight months' basic wages subject to a minimum of Rs. 400.00. Another union, National Federation of Indian Oxygen Workmen, Jamshedpur, claimed bonus at the maximum rate of 20 Per Cent provided under the Act. A third union, also the Bombay Labour Union, claimed bonus at the maximum rate of 20 Per Cent . A fourth union, Indian Oxygen Employees Union of Rajawadi, Bombay, demanded bonus at 25 Per Cent of the total earnings or at six months' basic wages, whichever was higher.