EMPLOYERS IN RELATION TO THE BHOWRA COLLIERY versus THEIR WORKMEN

EMPLOYERS IN RELATION TO THE BHOWRA COLLIERY versus THEIR WORKMEN

Malis working in officers’ bungalows were employed on domestic and personal work within the meaning of paragraph 3(b) of the Bonus Scheme under the Act and are therefore not entitled to bonus. The award of the Tribunal granting them bonus cannot be sustained.

Parties
Appellant: Employers in relation to the Bhowra Colliery; Respondent: Their Workmen
Jurisdiction
India
Judgment Date
30 January 1962
Procedural Posture
Civil Appeal / Appeal by Special Leave Against the Award of the Central Government Industrial Tribunal, Dhanbad, Dated December 7, 1959 in Reference No. 42 of 1959
Outcome
Appeal allowed.
Legal Topics
Bonus, Entitlement to Bonus, Interpretation of 'domestic and Personal Work' Under Bonus Scheme, Coal Mines Provident Fund and Bonus Schemes Act, 1948
Labour Law Industrial Disputes Bonus Entitlement to Bonus Interpretation of 'domestic and Personal Work' Under Bonus Scheme Coal Mines Provident Fund and Bonus Schemes Act, 1948

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Employers in relation to the Bhowra Colliery

Appellant

Their Workmen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against the Award of the Central Government Industrial Tribunal, Dhanbad, Dated December 7, 1959 in Reference No. 42 of 1959

Legal Issues

  1. 1 Whether the malis working in officers' bungalows are entitled to bonus under the Coal Mines Bonus Scheme, 1948.
  2. 2 Whether the malis are employed on domestic and personal work within the meaning of paragraph 3(b) of the Bonus Scheme.

Ratio Decidendi

Malis working in officers’ bungalows were employed on domestic and personal work within the meaning of paragraph 3(b) of the Bonus Scheme under the Act and are therefore not entitled to bonus. The award of the Tribunal granting them bonus cannot be sustained.

Court Disposition

Appeal allowed.

Orders

  • Award of the Tribunal as regards the disputes referred is set aside.
  • No order as to costs.