STATE OF MAHARASHTRA Vs. QUADAR MOHD FINJARI

JUDGEMENT

(1.) HEARD the learned counsel for respective parties.

(2.) THESE (17) Writ Petitions involve a common question of law and as such are being disposed of by this common judgment.

(3.) THESE petitions are filed by the State of maharashtra challenging a common judgment dated March 15, 1997 passed by the Labour court at Jalgaon in exercise of power under section 33-C (2) of the Industrial Disputes Act 1947 (hereinafter referred to as the Act for the sake of brevity ). The application filed by the respondent- employees under Section 33-C (2)of the Act pertains to their claim for bonus. The applicants lodged the claim before the Labour court by making an averment that the employees who were daily wagers working in horticulture Department of the State of maharashtra are entitled to receive bonus. The employees contended that they are entitled to receive bonus as their case is squarely covered by Government Resolution dated November 10, 1986. The said Government Resolution provides for payment of bonus to such of the employees who satisfy the conditions contained in the said Government Resolution, from the year 1985- 86. The employees as such claimed the bonus as is determined in the Scheme contained in the Government Resolution dated november 10, 1986. A written statement came to be filed on behalf of the State of Maharashtra disputing the entitlement of the employees to receive the bonus. In the written statement, it is denied that the applicant-employees were entitled to receive bonus. It was also denied that the applicants had completed more than 240 days during the concerned year so also during the preceding years, which is a condition precedent for payment of bonus. The entitlement of daily wagers is spelt put in clause 3 of the said Government Resolution. It provides that such of the employees who have put in more than 3 years of service and have put in a minimum of 240 days of actual work in each year are entitled to receive bonus. The said Resolution also provides for computation of the amount to be paid to such of the employees who are entitled to receive the bonus. An objection was raised by the State government to the maintainability of the proceedings under Section 33-C (2) on the ground that it involved adjudication of right and the same cannot be done by the Labour Court in exercise of jurisdiction under Section 33-C (2 ). The Labour Court by the impugned order directed the State and its authorities to pay a certain sum of amount towards bonus to the employees, which the Labour Court calculated as per the criteria laid down in the guidelines contained in the Government resolution.