BAIDYANATH AYURVEDA BHAWAN MAZDOOR UNION PATNA Vs. MANAGEMENT OF SHRI BAIDYANATH AYURVEDA BHAWAN PRIVATE LIMITED

JUDGEMENT

(1.) This appeal by special leave is directed against the decision of the Patna High Court quashing an Award of the Industrial Tribunal of Bihar in exercise of jurisdiction under Article 227 of the Constitution and the workmen's union has carried the appeal.

(2.) Two disputes were referred to adjudication under Section 10 of the Industrial Disputes Act but the appeal is confined to only one. viz., "whether the workmen are entitle to payment of bonus for the year 1966-67 under the Payment of Bonus Act over and above the 'attendance bonus' which is being paid in this establishment If so, what should be the quantum of bonus - The Tribunal found that the workmen were entitled to attendance bonus over and above the bonus payable under the Payment of Bonus Act, 1965 ('Act' for short), and specified the amount as required under the reference. The employer challenged the Award before the High Court and contended that no separate attendance bonus was payable when bonus was being paid under the Act. A Division Bench of the High Court came to hold concurring with the Tribunal that the workmen in the establishment had been receiving attendance bonus from before and proceeded to examine whether such attendance bonus was included in the bonus payable to the workmen under the Act or could be claimed over and above the statutory bonus. Relying on the observations of this Court in Sanghvi Jeevaraj Ghewar Chand v. Secy., Madras Chillies, Grains and Kirana Merchants Workers' Union. (1969) 1 SCR 366. the Court came to the conclusion that the workmen were not entitled to payment of attendance bonus for the year 1966-67 and accordingly vacated the Award.

(3.) In Ghewar Chand's case (supra) as rightly observed by the High Court the question for consideration was not whether after the Act came into force and statutory bonus became payable other types of bonus hitherto paid ceased, to be payable. On the other hand. in a later case Mumbai Kamgar Sabha, Bombay v. M/s. Abdulbhai Faizullabhai, (1976) 3 SCR 591:this Court considered the question directly. The latter case also referred to Ghewar Chand's case and ultimately held :