BOMBAY GAS PUBLIC LTD Vs. NARAYAN SABAJI SARMALKAR

JUDGEMENT

(1.) THE arguments in the writ petition were concluded on 17-7-1997. However, the order was not dictated since Mr. Singh, the learned counsel for the respondents desired to file affidavit of one the respondents to state on oath that no application for bonus for the years 1980 and 1981 is pending before the Labour Court by any of the workmen covered by the order dated 10. 7. 1984. Accordingly, in view of the desire expressed by Mr. Singh, the matter was fixed today for dictation of order. Mr. Singh, the learned counsel for the respondents candidly submits that the affidavit which has been prepared by his clients is not in accordance with the order passed by that Court on 17. 7. 1997. In this view of the matter, the affidavit cannot be taken on record after the arguments have already been concluded on 17. 7. 1997.

(2.) THOUGH the subject matter of the writ petition relates to the payment of bonus to the workmen for the years 1980 and 1981 and the impugned order was passed on 10. 7. 1984, yet, looking to the glaring errors in the order passed by the 2nd labour Court, Bombay on 10. 7. 1984, the same cannot be sustained and has to be set aside and then remand of the matter to the 2nd Labour Court has become inevitable for the reasons which I state hereinafter.

(3.) AN application under Section 33-C (2) of the Industrial Disputes Act, 1947 was filed by Shri Narayan Sabaji Sarmalkar and 732 others through Shri S. V. Gole, General Secretary, Bombay Gas Co. Employees Union ('employees union') against the Bombay Gas Public Ltd. Co. ('employer company' ). In the application the bonus was claimed by 733 applicants for the years 1980 and 1981 at the rate of Rs. 750/- and Rs. 450/- respectively to each of them. The employees union claimed that 733 application were entitled to get the amount of bonus computed, calculated and paid alongwith interest at the rate of 12% per annum from August 1981. Along with the application, the list of 733 applicants was submitted. The application was contested by the employer company by raising the plea of maintainability of the application under S. 33-C (2 ). The employer company also submitted that about 100 names of the applicants have been duplicated. Various other objections were raised Alongwith the written statement Annexure "a" was submitted by the employer company to show the names of 52 applicants whose names appeared in the said list at two and more places. It appears that after the objection was raised by the employer company, that names of about 100 applicants have been duplicated in the list, the employees union submitted a list admitting that names of 36 applicants were duplicate. The employees union examined Shri Narayan Sabaji Sarmalkar examined himself while on behalf of the petitioner company one Shri Soundrara Rajan was examined. It further transpires that in addition to the duplication of names of many applicants, the claim was made individually also by many applicants by making separate applications and for that application was made by Mr. S. V. Gole, General Secretary, of the employees Union that if there was any duplication of the claims in Application No. 1404 of 1983, 88 of 1984 and 273 of 1984, the said claimants would withdraw their claims in those applications.