D P KELKAR Vs. AMBADAS KESHAV BAJAJ

JUDGEMENT

(1.) THESE two special civil applications raise common questions of law of some importance and may be conveniently disposed of together. We are concerned in both these applications with orders passed by the Payment of Wages authority regarding the remuneration payable under the recently enacted Payment of Bonus Act (21 of 1965) which came into force on the 25th of September 1965. The principal points raised are regarding jurisdiction viz. whether the remuneration payable under the Act can be claimed before the authority under the Payment of Wages Act, and whether the petitioner Companies are exempt under the Bonus Act. For the purpose of the points raised the facts are also somewhat similar. The orders impugned however have been passed by two different authorities under the Payment of Wages Act.

(2.) THE main argument was advanced in Special Civil Application No. 2239 of 1968 and we would first set forth briefly the facts of that Special Civil Application. The petitioner before us is the manager of the India United Mills Ltd. , No. 1 Mill, of Bombay, which we shall hereafter refer to for the sake of brevity as the Indu Mills as it is popularly known. On 29th November 1965 the Indu Mills was taken under the management of an authorised controller under Section 18-A of the Industries (Development and Regulation) Act, 1951 by a notification of the Government of India. One M. D. Bhat was appointed as the authorised controller. We shall refer to the detailed provisions of this notification a little later. On 21st December, 1967 the 1st respondent Dhondu Mahadeo Ghadi an employee of the Indu Mills applied before the Authority appointed under the Payment of Wages Act for the area of Greater Bombay for the payment to him of the minimum bonus payable to him under the provisions of Section 10 of the Payment of Bonus Act. He claimed to be entitled to receive Rs. 76. 40 and Rs. 101. 68 as bonus for the years 1965 and 1966. Though the amount claimed by this particular employee is small, the petitioner before us has averred that upon the decision of this matter further claims by the other employees of the mills are likely to be made and that even if only the minimum bonus is payable to all the employees of the mills it will entail an amount of over Rs. 20 lakhs for the two years 1965 and 1966 although the company has suffered net losses of Rs. 1. 75 crores and Rs. 1. 83 crores in the said two years.

(3.) THE facts relating to Special Civil Application No. 1909 of 1968 are somewhat similar. There we are concerned with the Pratap Spinning, Weaving and Manufacturing Co. Ltd. of Amalner in Jalgaon District. The petitioner before us is D. P. Kelkar its general manager. The authorised controller was appointed to manage this mill by a notification dated 4th March 1963. He was one S. A. Kher. The initial appointment was for a period of 5 years but the management of the authorised controller has been continued from year to year and counsel informed us that the mill is still under the management and control of the authorised controller. The respondent No. 1 before us are the officials of the Rastriya Mill Workers Union of Amalner who claim to represent not only the 1st respondent Ambadas but also 773 other workers of this mill. On 26th December 1967 these workers put in a claim for the payment of the minimum bonus payable under the Act through the Union. They claimed a total sum of Rs. 1,20,312. The application was filed before the Authority under the Payment of Wages Act for the Amalner Taluka area at Amalner.