HARRISONS AND CROSFIELD LIMITED Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) IN these petitions two awards, those in Industrial Dispute No. 14 of 1966 and Industrial Dispute No. 23 of 1967 are under attack. The first two original petitions relate to the former award, O. P. No. 4747 of 1972 being that by the management and O. P. No. 4921 of 1972 being that by the union. The last two petitions challenge the latter award, O. P. No. 4734 of 1972 being that by the management and O. P. No. 4945 of 1972 being that by the union. Industrial Dispute No. 14 of 1966 concerns bonus for the year 1964-65 ending with 30-6-1965 and Industrial Dispute No. 23 of 1967 relates to the bonus for the year 1965-66 ending with 30-6-1966. The question arising for decision in respect of these two awards is the same and, therefore, the petitions are disposed of by a common judgment.

(2.) THE dispute is between M/s. Harrisons and Crosfield Limited and its workmen represented by several unions. In the award the allocable surplus has been worked out and bonus has been determined accordingly. The controversy concerns the determination of such allocable surplus for both the years.

(3.) THE Industrial Tribunal, Alleppey found that the employees are entitled to 1964-65 bonus at 3. 7% based upon the allocable surplus and, therefore, in accordance with SECTION 10 of the Payment of Bonus Act declared the minimum bonus of 4 per cent as due to the workmen for that year. For the next year, 1965-66 such bonus was found to be 10. 6% of the total salaries and wages, In the two petitions by the management it is contended that for the year 1965-66 the bonus determined is excessive and for the year 1964-65 though the bonus is determined at 4 per cent the allocable surplus must be held to be less than what it has been found to be in the award so as to enable the management to claim set on in the subsequent years.