A MUNIVENKATAIAH Vs. GENERAL MANAGER GOVT SOAP FACTORY

JUDGEMENT

(1.) This writ petition is filed by some of the workmen of Government Soap Factory, Bangalore, for quashing the order dated 10-12-1969 passed on Appln.117 of 1969 by the presiding Officer, Labour Court, Bangalore.

(2.) The petitioners filed an application under S.33C (2) of the Industrial Disputes Act before the Labour Court against the General Manager, Government Soap Factory, Bangalore, for recovery of a certain sum of money which they were entitled to by way of profit bonus due to them under a Memorandum of settlement entered into between the parties on 30-3-1964. The relevant part of the settlement is extracted below.

(3.) According to the said settlement the management had to pay profit bonus equivalent to one-third of the total earnings for the year in which the protus exceeded sixteen per cent. Accordingly the management paid four months' basic wages as profit bonus during the year 1964-65, 1965-66 and 1966-67. but for the year 1967-68 even though the profits of the concern exceeded sixteen per cent, the management paid by way of bonus three months' wages instead of four months' basic wages. For the year 1868-69 however, the bonus was paid at the rate of four months' basic wages. The petitioners' grievance, was that the management had wrongly with held one month's basic wages which was payable to them for the year 1967-68 in addition to what had already been paid. The petitioners, therefore, approached the Labour Court which had jurisdiction under S.33C(2) of the Industrial Disputes Act to make a computation of the said monetary benefit and to direct payment of the same in accordance with the settlement dated 30-3-1964 referred to above.