AUTOMOBILE KARMCHARI SANGH THROUGH ITS SECRETARY SRI RAM PRAKASH MISRA AND OTHERS Vs. INDUSTRIAL TRIBUNAL (II) LUCKNOW AND OTHERS

JUDGEMENT

(1.) This writ petition has been directed against the award of the Industrial Tribunal (II), Lucknow, dated 13th of June, 1967, published in the UP Gazette dated 16th of September, 1967, Annexure II to the writ petition.

(2.) Petitioner No. 1 claims itself to be a registered trade union registered under the Trade Unions Act, 1926 and further claims that the workmen employed with M/s. Kanpur Auto Centre, Ghunniganj, Kanpur Respondent No. 2, are its members. Petitioner No. 2 claims itself to be the Federation of the Trade Unions with which the Petitioner No. 1 is affiliated and Petitioner No. 3 claims himself to be a workmen employed with Respondent No. 2 as Salesman and is also a Vice President of the Automobile Karmachari Sangh, Kanpur.

(3.) Briefly stated the case of the Petitioner is that there are 25 persons employed in the establishment run by Respondent No. 2 and they were so in the relevant year 1964 -1965 and in those years they earned huge profits and were liable to pay bonus under the Payment of Bonus Act, 1965. They failed to pay the bonus and therefore, the State of UP Under Sec. 4 -K of the UP Industrial Disputes Act, 1947, referred this dispute for adjudication to Industrial Tribunal (II) under notification dated February 10, 1967, Annexure I to the writ petition.