JESSOP & CO LTD Vs. A N BASU

JUDGEMENT

(1.) Jessop & Company Ltd., the petitioner in these proceedings, seeks to impugn an order, being order No. 77 dated the 25th February 1976 passed by, the Fifth Industrial Tribunal, West Bengal in a pending reference under the Industrial Disputes Act. The dispute arose in respect of payment of bonus by the petitioner to its workmen for the accounting years ending respectively on the 31st October, 1965, 31st October 1966 and 31st October of 1967. According to the petitioner maximum amount of bonus as prescribed under S. 11 of the Payment of Bonus Act, 1965, toeing 20% of the salaries or wages, were declared and paid for the accounting years ending the 31st October 1965 and the 31st October, 1966 without any dispute being raised at the material time. Only after the petitioner paid to its workmen 4% of their wages or salaries being the minimum bonus under the Payment of Bonus Act 1965 for the accounting year ending the 31st October 1967 in which the petitioner suffered a huge loss that its workmen raised a dispute in respect of all the aforesaid accounting years and they sought to reopen the question for all the said years.

(2.) Conciliation proceedings for settlement having failed the matter was ultimately referred to the Fifth Industrial Tribunal of West Bengal toy an order 8101-R No. --------------- dated the 13th November IR/loL-207/68 1968 passed under S. 10 of the Industrial Disputes Act, 1947. The following issues were referred for adjudication.

(3.) Parties duly appeared and they have filed their written statements in the reference which is proceeding before the said Tribunal. On or about the 28th July, 1975 the workmen of the petitioner, represented toy Jessop & Co. Ltd. No. II Establishment Employees' Association, made an application to the Tribunal praying for direction upon the petitioner to supply break-up figures, particulars, nature, character and details of several items shown in the audited profit and loss account of the company for the years ending October, 1965, 1966 and 1967 and for furnishing of other information.