ASSAM OIL CO. LTD. Vs. THE PRESIDING OFFICER, CENTRAL GOVT. INDUSTRIAL TRIBUNAL, ASSAM, DIBRUGARH AND OTHERS

JUDGEMENT

(1.) The petitioner, Assam Oil Company Limited, Digboi, is a company incorporated and registered in the United Kingdom and has its registered office in England. The Company carried on business at different places including Digboi in Assam. It is engaged in the business of exacavation or sinking of oil wells, winning or extraction of crude oil and refining of petroleum and petroleum products. For the purpose of carrying on the aforesaid business, the company has under its employment a large number of workmen of various categories.

(2.) The petitioner's case is that it had been paying bonus to its employees in the past either under terms of mutual settlement or under awards of Tribunals made from time to time.

(3.) Pending the adjudication and subject to the award that might result from the joint application dated 30th September, 1970, filed before the Central Government for appointment of a Tribunal to adjudicate on the quantum of 'bonus in respect of the accounting year 1969, the parties reached a further conciliation settlement on 8th October, 1970, for an ad interim payment against the bonus for 1969 to the workers according to the schedule annexed to the memorandum of settlement (Annexure B). Accordingly the Government of India, Ministry of Labour and Rehabilitation, Department of Labour and Employment, referred the aforesaid dispute to the Central Government Industrial Tribunal of Assam, at Dibrugarh, under Section 10 (2) of the Industrial Disputes Act, 1947, for adjudication. The issue referred for adjudication to the Tribunal was in the following terms as already agreed to by the parties :