MANAGEMENT OF MYSORE KIRLOSKAR LIMITED HARIHAR Vs. WORKMEN

JUDGEMENT

(1.) THE challenge relates to the award passed by the Industrial tribunal with respect to the dispute referred on the question of payment of bonus for the year 1981-82. The m inagement had paid 8. 33% as bonus. The claim of the workers was declaration of 20% bonus for the said period. This dispute was referred to the industrial Tribunal for adjudication.

(2.) THE management in the claim statement averred that several items of the earnings of the Company was not liable to be included for the purpose of calculating the gross profit. After consideration of the respective contentions, except in respect to two items, the claim of the management as regards the others have been upheld. The two items which was disallowed by the company to be included as gross profit of the Company are: (i) Rs. 5,00,000/- paid as donation to the school; and (ii) Rs. 44,36,492/- received by the Company as cash subsidy. They are described as items to be included for this purpose of determining the profits for the purpose of fixing the bonus payable. The contention raised by the petitioner is that whether these two items referred to above should be excluded while reckoning gross profit earned by the Company.

(3.) I have heard Mr. Gururajan, learned Counsel for the petitioner as also Mr. Subba Rao, learned Counsel for the respondent.