ANAND OIL INDUSTRIES Vs. LABOUR COURT HYDERABAD

JUDGEMENT

(1.) This writ petition comes up before us on reference by our learned Brothers, Kondaiah, J. and Lakshmaiah J. principally for the consideration of the question "Whether the Labour Court has jurisdiction and is competent to entertain an application under S. 33-C (2) of the Industrial Disputes Act by a single or a group of workmen in his or their individual capacity claiming minimum bonus under S. 10 of the Payment of Bonus Act against his or their employer and decide the questions relating to the claim of minimum bonus in view of S. 22 of the Payment of Bonus Act?". Our learned brothers also observed that incidentally the nature, scope and ambit of S. 33-C (2) of the Industrial Disputes Act falls for decision.

(2.) M/s. Anand Oil Industries, a Partnership firm, hereinafter referred to as the employer, has filed this petition for the issuance of a writ of prohibition against the Labour Court Hyderabad (1st respondent herein) prohibiting it from deciding or proceeding with M. P. No. 300/75 on its file. To that petition are impleaded 12 of its workmen as respondents 2 to 13.

(3.) Respondents 2 to 13 filed application M. P.No. 300/75 before the Labour Court, Hyderabad under S, 33C (2) of the industrial Disputes Act against their employer, the petitioner herein for payment of minimum bonus of 4% for the accounting years 1964-65 to 1970-71 and a minimum bonus of 8-1/3% for the accounting years 1971-72 to 1974-75 in terms of Payment of Bonus Act, 1965. In that petition they also claimed the difference between the actual pay received by them and the minimum wages which they were entitled to receive every month from 5-7-1975 onwards under the Minimum Wages Act, 1948 (Act XI of 1948). They claimed that they were entitled to receive extra wages for having worked on eight national and festival paid holidays as per the Holidays Act, overtime wages for working daily four hours over the normal eight hours of work and also wages for the suspension period,