TMI Blog1983 (11) TMI 329X X X X Extracts X X X X X X X X Extracts X X X X ..... kmen's union has carried the appeal. Two disputes were referred to adjudication under section 10 of the Industrial Disputes Act but the appeal is confined to only one, viz., whether the workmen are entitled to payment of bonus for the year 1966-67 under the Payment of Bonus Act over and above the `attendance bonus' which is being paid in this establishment? If so, what should be the quantum of bonus? The Tribunal found that the workmen were entitled to attendance bonus over and above the bonus payable under the Payment of Bonus Act, 1965 (`Act for short), and specified the amount as required under the reference. The employer challenged the Award before the High Court and contended that no separate attendance bonus was payable w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed often by spending on festivals and the Act gives no guidance to fix the quantum of festival bonus; nor does it expressly wish such a usage. The conclusion seems to be fairly clear, unless we strain judicial sympathy contrariwise, that the Bonus Act dealt with only profit bonus and matters connected therewith and did not govern customary, traditional or contractual bonus. Referring to Ghewar Chand's case, Krishna Iyer, J. in this latter case indicated : ...so viewed, we are able to discern no impediment in reading Ghewar Chand as confined to profit-bonus, leaving room for non-statutory play of customary bonus. The case dealt with a bonus claim by two sets of workmen, based on profit of the business but the workmen fell outs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bonus not founded on the provisions of the Bonus Act and by resort to an adventure in industrial dispute under the Industrial Disputes Act is no longer permissible. When Parliament has expressly excluded or exempted certain categories from the Bonus Act, they are bowled out so far as profit-based bonus is concerned. You cannot resurrect profit-bonus by a backdoor method, viz., resort to the machinery of the Industrial Disputes Act. Upon a further analysis of Ghewar Chand's case. Iyer, J. concluded by saying: A discerning and concrete analysis of the scheme of the Act and the reasoning of the Court leaves us in no doubt that it leaves untouched customary bonus. We concur with this conclusion. On the finding by the Tribunal a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
