NAGANATH Vs. COMMON CADRE COMMITTEE BIDAR

JUDGEMENT

(1.) THE appellants have been working as secretaries of the Primary Agricultural Credit co-operative Societies (in short "the Primary societies") of Bidar District. In 1994 they filed an application before the Labour Court gulbarga under Section 33-C (2) of the industrial Disputes Act, 1947 (in short "the i. D. Act") seeking a direction against the respondent-1. "the Common Cadre committee, Bidar District" (in short "the committee") for payment of bonus at the rate of 33% from the date of their appointment in terms of Payment of Bonus Act, 1965 (in short "the Bonus Act" ). The said application was numbered as Application No. 3/94. It was ultimately allowed by an award dated March 15, 1993 (Annexure-F) in the following terms:

(2.) THE validity of the above award was assailed by the District Central Co-operative bank Limited, Bidar District, as also the committee by filing three writ petitions before this Court which had been disposed of by the learned single Judge by the impugned order inter alia remanding the matter to the Labour court to record a finding as to whether the appellants are workmen within the meaning of the I. D. Act. The appellants being aggrieved by the said order have preferred this appeal.

(3.) SRI Subba Rao, learned counsel appearing for the appellants, submitted that on the facts and circumstances of the present case there was no occasion on the part of the learned single Judge to remand the case to the Labour court for arriving at a finding as to whether the appellants are workmen within the meaning of the I. D. Act or not since such an objection was never taken by the Committee before the labour Court.