UNION OF INDIA Vs. KISHOR LAKHA

JUDGEMENT

(1.) These appeals are directed against the common judgement and order dated 22-12-1997 of the learned Single Judge, dismissing a group of petitions filed by the appellants against the order passed by the Labour Court under Section 33(C)(2) of the Industrial Disputes Act, 1947, by which the Labour Court, Godhra directed the appellants to pay the bonus amount of Rs.3,000=00 to each of the workmen with interest at the rate of 12% and costs of Rs.5,000=00 to the Union.

(2.) The respondents - workmen, in all these matters, had approached the Central Administrative Tribunal challenging the termination of their services as casual labourers. The Central Administrative Tribunal, by its common order dated 8th June 1989, held that the action of the authorities in terminating their services was violative of Section 25-N of the said Act. The termination orders were, therefore, set-aside and the appellants were directed to reinstate them and pay their backwages within three months from the date of the order "by treating them to be in continuous service of the respondents". Admittedly, the Special Leave Petition filed against the said decision of the Tribunal was rejected by the Hon'ble the Supreme Court on 16-10-1989 and the directions of the Tribunal became final. It, however, appears that, while reinstating these workmen, as per the direction of the C.A.T. and paying them arrears of wages, bonus amounts for the period from the date of termination till reinstatement were not paid. These workmen, therefore, filed recovery applications before the Labour Court, Godhra under Section 33(C)(2) of the said Act.

(3.) In the group of petitions preferred against the decision of the Labour Court, directing payment of bonus, the learned Single Judge, observing that the present appellants were unable to show any provision from the Payment of Bonus Act, 1965 (hereinafter referred to as "the said Act"), under which these workmen were not entitled for benefit of bonus, and that, no interference was called for in the order passed by the Labour Court, rejected the petitions. It was, however, made clear that in case the services of any of the respondent workmen were terminated, then he would be entitled to the bonus under the order of the Labour Court till the date he remained in service.