PENGUIN TEXTILES LTD Vs. V SHANKAR

JUDGEMENT

(1.) The management have filed these three writ petitions challenging the three orders passed bv the Additional Labour Court, Andhra Pradesh. Hyderabad in three Miscellaneous Petitions filed by their workmen under Sections 33-C (2) of the Industrial Disputes Act (herein after called 'the Act). By means of those orders, the Additional Labour Court decided certain amounts as payable to the workmen who are the respondents in these three writ petitions and petitioners before the Additional Labour Court. It is that determination made by the Additional Labour Court which is challenged in these writ petitions.

(2.) The three workmen, who have filed the aforesaid Miscellaneous Petitions under Section 33-C (2) of the Act before the Labour Court, were the employees of the Penguin Textiles Limited, Tarnaka, Hyderabad, which is the petitioner before us. An industrial dispute was raised by the Union of the workmen of the Penguin Textiles which has been referred to the Industrial Tribunal by the Government of Andhra Pradesh through G.O.Ms. No. 238 dated 15-3-77 under Section 10 (1) (d) of the Act. The two questions which bad been referred for adjudication are: 1. Whether the demand of the Penguin Textiles Workers Union for payment of bonus at 20% for the year 1975 is justified? 2. If not, what should be the quantum of bonus payable to them for the year 1975? The Industrial Tribunal numbered Ihe reference as Industrial Dispute No. 10/77 and by its order dated 17th of September, 1977 answered the first question in favour of the employers, and in answer to the second question, the Industrial Tribunal determined that the workmen are entitled to be paid for the year 1975 bouns at the rate of 18%. This determination by the Industrial Tribunal was expressly based upon the terms of the settlement dated 15-8-77 entered into between the Union of workmen and the manage" ment.

(3.) It appears that there was a dispute raised by the Workers Union some time in the early part of 1977 regarding the payment of bonus for the year 1975. This dispute has been admitted in conciliation and, after report of failure of conciliation, the matter has been referred by the Government for ajudication by the Industrial Tribunal and it is this reference which has been numbered as Industrial Dispute No. 10/77 and adjudicated by the Industrial Tribunal on the 17th of September, 1977. These facts would clearly show that every workman who had been in the service of the petitioner Company in the year 1975 would be covered by the Industrial adjudication. It is on that basis the present respondentsworkmen who bad been in service of the management in the year 1975 and some of whom had also been in the Union in the year 1977 at the time when the claim was made leading to conciliation, had preferred these claims under Section 33-C (2) of the Act.