SWAMINATHAN C S Vs. SIMPSON AND CO LTD

JUDGEMENT

(1.) This writ appeal challenges the judgment of the learned single Judge whereby, the learned single Judge has allowed the writ petition filed by the employer quashing the order passed in a claim petition made by the employees under the provisions of Section 33-C(2) of the Industrial Disputes Act.

(2.) The appellant-employees are admittedly the workmen of the, respondent-employer Simpson and Company Limited. The employer, for the accounting year June 1981 -May 1982, declared a bonus of 20% on the annual earnings of the employees under the Payment of Bonus Act. It was claimed that though all the petitioners were drawing a salary of Rs. 1000.00 and more and even after calculating the deductions on account of their absence on loss of pay, their salary was more than Rs.750.00 per month. They further claimed that the calculation by the employer of their bonus was wholly incorrect inasmuch as instead of deducting the amount attributable to their absence or loss of pay from the total wages, the employer sought to deduct it from Rs.750/-, which was then the maximum limit provided by Section 12 of the Payment of Bonus Act. They pointed out that this could not be done and that they were entitled to the bonus calculating their salary to be Rs.750.00 because they had admittedly earned more than that even after deducting the amount on account of leave on loss of pay.

(3.) This claim was opposed by the employer firstly on the ground that the claim petition under Section 33-C(2) of the Industrial Disputes Act was not tenable and secondly that the calculation made by the company was correct.