A.P. FOODS versus S. SAMUEL AND ORS.

A.P. FOODS versus S. SAMUEL AND ORS.

Since disputed questions of fact regarding payment of bonus and changes in service conditions are involved, and alternative statutory remedies exist under the Industrial Disputes Act, the writ petition should not have been entertained by the High Court; instead, the matter must be referred to the appropriate tribunal for adjudication.

Parties
Appellant: A.P. Foods; Respondents: S. Samuel and Ors.
Jurisdiction
India
Judgment Date
04 July 2006
Procedural Posture
Civil Appeal / Appeal Against Division Bench Judgment of High Court
Outcome
Appeal partly allowed.
Legal Topics
Industrial Dispute, Payment of Bonus, Ex Gratia Payment, Statutory Remedies, Withholding Bonus
Labour Law Industrial Dispute Payment of Bonus Ex Gratia Payment Statutory Remedies Withholding Bonus

Case Brief

Summary, issues, holding and outcome

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Parties

A.P. Foods

Appellant

S. Samuel and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Division Bench Judgment of High Court

Legal Issues

  1. 1 Whether stoppage of ex-gratia/bonus payment was unauthorized and contrary to law
  2. 2 Whether A.P. Foods was liable to pay bonus under the Payment of Bonus Act, 1965 to its employees
  3. 3 Whether withdrawal of construction allowance amounted to change in conditions of service

Ratio Decidendi

Since disputed questions of fact regarding payment of bonus and changes in service conditions are involved, and alternative statutory remedies exist under the Industrial Disputes Act, the writ petition should not have been entertained by the High Court; instead, the matter must be referred to the appropriate tribunal for adjudication.

Court Disposition

Appeal partly allowed.

Orders

  • The appropriate Government is directed to refer specified questions for adjudication by the appropriate Tribunal.
  • No order as to costs.