JAGDISH PRASAD SINHA Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for quashing an order of the Labour Court, Lucknow, dated March 18, 1985, contained in Annexure 6 and for directing the respondents to pay bonus to the petitioner for the period from 1973-74 to 1982-83 and onwards.

(2.) The petitioner moved an application under Section 33-C(2) of the Industrial Disputes Act, 1947 before the Labour Court for computation of an amount of Rs. 5,317.53 paise on account of bonus due to him for the period of 1973-74 to 1982- 83. The case of the petitioner Jagdish Prasad Sinha is that he was appointed as Head Master of Ganga Devi Primary School which is an Institution run by Laxmi Sugar and Oil Mills Ltd. Hardoi. The Sugar Undertaking, belonging to the said Mills, has been taken over by the State Government under the U.P. State Sugar Undertaking (Acquisition) Act, 1971, and vests in the U.P. State Sugar Corporation. It is stated that bonus has been paid to the petitioner for the year 1972-73, but not thereafter and hence the writ petition.

(3.) The writ petition has been contested on behalf of Sugar Corporation on the ground that the petitioner was not an employee of the Laxmi Sugar and Oil Mills Ltd. and has not become an employee of the Sugar Corporation after the acquisition of the Sugar Undertaking. Ganga Devi Primary School is an Institution run by a Managing Committee and was only given financial aid/grant from time to time by the said Mills. The Sugar Corporation, it is asserted, is therefore not liable to pay anything to the petitioner towards bonus. It is also stated that if there is any liability for payment of bonus, it should be enforced against the said Mills.