HONORARY SECRETARY SOUTH INDIA MILLOWNERS ASSOCIATION THE MANAGEMENT OF EXPRESS NEWSPAPERS PRIVATE LIMITED THE LAKSHMI MILLS LIMITED Vs. SECRETARY COIMBATORE DISTRICT TEXTILE WORKERS UNION :SECRETARY EXPRESS NEWSPAPERS EMPLOYEES UNION :SECRETARY COIMBATORE DISTRICT TEXTILE WORKERS UNION

JUDGEMENT

(1.) These three appeals arise out of an industrial dispute between the industrial employers who are the appellants and their respective workmen who are the respondents in respect of the latters' claim for bonus. They have been heard together because they raise some common questions of general importance. We would first set out briefly the material facts in the there respective appeals.

(2.) The Honorary Secretary, The South India Millowners' Association and other mills are the appellants in Civil Appeal No. 419/60. A dispute arose between 44 mills and their respective employees in regard to the bonus for the year 1956. The said dispute was referred for industrial adjudication to the Industrial Tribunal, Madras, by the State Government on the 13th March, 1958. To this reference, the different mills and three unions which represented the employees were made parties. It appears that for the four years prior to 1956 the question of bonus had been disposed of by a tripartite Board of Arbitration appointed for each year by the Government. For the year 1956, negotiations were held at governmental level to evolve a satisfactory solution by consent but since the said negotiations failed, the parties agreed on some interim payment leaving the rest of the dispute to be adjudicated upon by the Industrial Tribunal. That is the genesis of the reference.

(3.) On the 5th of September, 1958, the Tribunal made its award. It considered the several rival contentions raised by the parties in support of their respective claims and awarded bonus ranging from 7 months' basic wages to 1 month's basic wages according to its findings as to available surplus in respect of each mill. It is against this award that the appellants have come to this court by special leave.