INDUSTRIAL CLEANING SERVICES Vs. C M PATIL

JUDGEMENT

(1.) This writ petition challenges the order of the Industrial Court passed in complaint (ULP) No.316 of 1994 on 9.11.1995. By this order, the Industrial Court has held that the petitioner has indulged in an unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act by not paying bonus and ex gratia to 77 employees for the years 1993-94 and 1994-95. The Industrial Court has directed the petitioner to pay the aforesaid amounts in accordance with clauses 10 and 11 of the agreement dated 29.7.1993 u/s 2(p) r/w section 18(1) of the Industrial Disputes Act.

(2.) The petitioner being aggrieved by this order preferred the present petition. The writ petition was admitted and interim orders were passed. When the matter came up for final hearing on 4.4.2003, the petition was dismissed and rule was discharged. Respondent No.3 was permitted to withdraw the amounts deposit in this Court pursuant to the interim orders with accrued interest. The petitioner then filed a Letters Patent Appeal No.46 of 2003. By an order of April 30, 2003, the Letters Patent appeal was dismissed. At that stage, the Petitioner s counsel stated that an application for review would be preferred before the learned Single Judge. Accordingly, the review petition was filed and by an order of 2.5.2003, the review petition was dismissed. The petitioner then approached the Supreme Court by filing Civil Appeal Nos.533-534 of 2006. The Civil Appeals were heard and by a common order, the appeals were disposed of. It would be advantageous to set out the order passed by the Supreme Court while disposing of the appeal.

(3.) It is in these circumstances, the writ petition is now being heard pursuant to the remand directed by the Supreme Court to consider whether payments made to the workmen were for bonus and ex-gratia, as contended by the petitioner, or the payments were on account of bakshishi, incentive allowance and overtime wages as urged by the Respondent No.3 union.