HABIBUR RAHMAN ANSARI Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE petitioner, now an employee of respondent No. 2, Tata Iron and Steel Company Ltd. (TISCO), was discharged with effect from 24-12-1975 from his service by Indian Tube Co. Ltd., now a Division of TISCO. An industrial dispute was raised and the appropriate Government referred the matter to the Labour Court. THE Labour Court held that discharge of the petitioner was unjustified and ordered for re-instatement with full back wages by award dated 28-11-1981. India Tube Co. Ltd. filed C.W.J.C. No. 609 of 1982 (R) challenging the award That writ petition was disposed of on compromise which was recorded on 9-7-1982.

(2.) TISCO said the petitioner Rs. 22,000 as per terms of compromise. He was allowed to join his duty by TISCO and thereafter his wage was paid. According to the petitioner, TISCO did not pay him the bonus, which he was entitled from 1976-77 to 1981-82 under the Bonus Act, 196S (the Bonus Act). He filed an application under Section 33-C (2) of the Industrial Disputes Act, 1947 (the I. D. Act) for computation of the bonus from 1976-77 to 1981-82. Alongwith the application he annexed statement showing the amount he was entitled to receive as bonus for the aforesaid years. Statement of calculation has been marked as Annexure-4 to the writ petition. The stand taken by TISCO before the Labour Court was that Rs. 22,000 had been paid by TISCO to the petitioner in settlement of all claims inclusive of bonus as per terms of the compromise recorded in the writ petition. It also took the stand that the application under Section 33-C(2) of the I.D. Act was not maintainable.

(3.) TWO questions arise for adjudication in this case: (a) Whether the Labour Court has correctly interpreted the terms the compromise on the basis of which the writ petition had been disposed of. (b) Whether the Labour Court was correct in law in holding that the application filed by the petitioner under Section 33-C(2) of the I.D. Act was not maintainable and his remedy was under Section 22 of the Bonus Act i.e., by a reference under Section 10 of the I.D. Act.