ASHOK LEYLAND EMPLOYEES UNION Vs. ASHOK LEYLAND LIMITED

JUDGEMENT

(1.) A settlement had been arrived at between the Ashok Leyland Limited and the Employees represented by Ashok Leyland Employees' Union in respect of the quantum of bonus payable for the financial year 1984 on the terms set out in settlement between the parties under Section 10(1) of the Industrial Disputes Act, 1947. The interpretation of that settlement was the subject matter of the industrial dispute in ID No. 13/1998. The Tribunal having held in favour of the workmen that award so rendered was challenged by the management in W.P. No. 7072/1993 which came to be allowed on July 9, 1999 by the learned single Judge of this Court. The management as also the union being aggrieved by the judgment these two writ appeals are before us.

(2.) It is necessary at this stage to set out the terms of that settlement. The settlement after setting out the names of the parties, the persons representing the employer, the number of and description of the workman covered by the settlement, their number being 7300 excluding the temporary and daily and monthly rated employees in the factory at Ennore, sets out the following.

(3.) It is noteworthy that in the recitals the firm commitment of the company to abide by law has been declared by stating that the payment of bonus has always been in accordance with the ceiling on pay and as per other provisions of the Payment of Bonus Act and that there is a specific provision to this effect in the Wage Settlement in force. After having so stated that the bonus is to be paid in accordance with the ceiling of pay and as per other provisions of the Act, it is set out in the terms of the settlement that the management has agreed to pay" all eligible employees" as referred to in the preamble, 20% of the basic wages and Dearness Allowance etc. as bonus as per the provisions of the Payment of Bonus Act, 1965 as in force on the date of the agreement. It is not in dispute that the Bonus was in fact disbursed on April 12, 1985 shortly thereafter.