RAJA TILE AND MATCH WORKS Vs. PAPPU

JUDGEMENT

(1.) Respondents 1 and 2 filed a petition under S.33C(2) before the 3rd respondent seeking computation of benefit in the nature of bonus on 7 day's wages for the year 1978-79 complaining that the 7 day's wages earned for the National and Festival holidays under the Kerala Industrial Establishment (National and Festival Holidays) Act, 1958 (for short 'the Act') was not taken into account in the calculation and the disbursement of 17 3/4 bonus declared for the year. The management resisted the claim on two grounds, (a) The claim is not maintainable under S.33C(2) and (b) that the wages paid for 7 days under the Act is not 'wages' for the purpose of The Payment of Bonus Act, 1965 (for short Bonus Act).

(2.) Repelling the above contentions of the management the 3rd respondent has held that the claim petition is maintainable and declared that 7 day's wages earned under the Act shall be taken into account in determining the bonus payable under The Payment of Bonus Act. It is this order, Ext. P1, which is under challenge in this OP.

(3.) S.22 of the Payment of Bonus Act, 1965 provides that where any dispute arises between an employer and his employees with respect to the bonus payable under this Act. or with respect to the application of the Act, then, such dispute shall be deemed to be an industrial dispute within the meaning of the Industrial Disputes Act, 1947 or of any corresponding law relating to investigation and settlement of Industrial Disputes in force in a State and the provisions of that Act or, as the case may be, such law, shall, save as otherwise expressly provided, apply accordingly. It can thus be seen that S.22 has created a legal fiction whereunder the disputes aforesaid are deemed to be industrial disputes under the Industrial Disputes Act or any other corresponding law and the provisions of the I.D. Act or other law will apply for the settlement of such disputes.