HIND CYCLES LTD Vs. THEIR WORKMEN SUPERVISORS

JUDGEMENT

(1.) In this reference award - part I was made by me on 7 February 1958 regarding the demands of the supervisors at the Worli factory [Bombay Government Gazette, Part I-L, dated 6 March 1958, at p. 1172]. The demand in respect of the workmen employed at the chain plant at Kandivli was kept pending.

(2.) By an order dated 14 January 1958, the Central Distributors, Ltd., Kandivili, which bad taken over the chain plant from the Hind Cycles, Ltd., were added as a party to these proceedings on the application of the Engineering Mazdoor Sabha. The Central Distributors, Ltd., Kandivali, and the sabha arrived at an agreement on 18 March 1958 regarding all the demands pertaining to workmen employed in the chain plant at Kandivali, except the demand in respect of bonus for the year 1955. I made award - part II on 24 April 1958, in terms of the agreement [Bombay Government Gazette, Part I-L, dated 22 May 1958, at p. 2645]. In that agreement it is stated :

(3.) I now proceed to make my award in regard to the demand that the workmen at the chain plant should be paid bonus for the year 1955 at the rate of two and a half months' wages. This demand being in respect of the year 1955 in which the chain plant was owned by the Hind Cycles, Ltd., is against that company. The company in its written statement submitted that the services of all the workmen were terminated from 23 April 1957. The chain plant was working at a loss from its inception, and for the year 1955 it incurred a loss and so the demand should be rejected.