GURDASPUR COOPERATIVE SUGAR MILLS LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Challenge in this petition is to award dated 09.05.1994 (P-5) whereby the reference has been answered in favour of the workman and the respondents have been directed to pay the bonus for the year 1982-83 and 1983-84. Brief facts of the case are that M/s. Punjab Khand Udyog Ltd., a company registered under the Companies Act with its registered office at SCO 125-127, Sector 17-B, Chandigarh pursuant to the scheme of arrangement with the share-holders was ordered to be wound up assets and liabilities of the petitioner were taken over by the petitioner. A demand was raised by the workman Punjab Khand Udyog Ltd. claiming a bonus @ 20% on the plea that the petitioner company had earned profit for the years 1982-83 and 1983-84.

(2.) A specific stand was taken in the written statement that the factory at Gurdaspur had commenced production in the year 1981-82. There had been consistent loss in the year 1981-82 of Rs. 2,71,81,499.59 and again in the year 1982-83. The accumulative losses had increased to Rs. 3,30,25,111.99. However, there was some profit in the year 1983-84 but after adjustment, accumulated losses for the year 1983-84 were Rs. 2,79,46,394.58,. The balance sheet depicted above loss was annexed with the written statement (P-2). The workman had filed replication dated 26.07.1987 (P-3). An affidavit was filed by the petitioner (P-4) stating that the Punjab Khand Udyog Ltd. had ceased to exist and the mill is now being run by Gurdaspur Cooperative Sugar Mills Ltd., Gurdaspur that the mill was in loss.

(3.) The Presiding Officer passed an award dated 09.05.1994 (P-5) allowed the reference in favour of the workman. The Management had led no evidence that it was running into loss and bonus could not be paid. No evidence was led by the workers as to how much profits have been earned by the Management. The claim for 20% bonus was declined and a direction was given to the management to pay statutory minimum bonus for the year 1982-83 and 1983-84.