BURRAKUR COAL CO LTD Vs. REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) THE only question that is involved in these two rules is whether sick wages paid by the petitioners to the workers of their collieries are to be taken into consideration for the purpose of calculating the quarterly bonus under the Coal Mines bonus Scheme (hereinafter referred to as the Scheme) framed under section 5 of the Coal Mines Provident Fund, Family Pension and bonus Schemes Act, 1948, hereinafter referred to as the Act. 5. (1973) Special Civil Application No. 2466 of 1972, decided by vaidya and Dudhia, JJ. , on June 20, 1973 (Unrep. ). 6. (1963) Special Civil Application No. 1855 of 1962, decided by tambe and Palekar, JJ. , on January 12, 1963 (Unrep. ).

(2.) IT is not disputed that the petitioners have been paying bonus to the workers of their collieries but in calculating the bonus they did not take into consideration the wages paid to the workers for the period they were on sick leave. The respondents, the Regional Labour Commissioner and the Labour Enforcement Officer insist that such wages are to be considered in calculating the bonus payable to the workers.

(3.) IN order to resolve the question it is necessary to refer to the provisions of the Scheme. Clause (b) of paragraph 2 of the Scheme defines 'basic earnings' as meaning the total cash emoluments, whether earned while on duty or while on leave with pay, but excluding all payments for food concessions, dearness, house rent and other similar allowances, overtime, commission, presents or donations. Paragraphs 4, 5 and 5-A of the Scheme lay down qualifications for bonus in coal mines in certain States. We are concerned with paragraph 4, for it lays down the qualifications for bonus in coal mines in west Bengal ana Bihar. Paragraph 4 is as follows: