M/S. HAMDARD (WAKF) LABORATORIES versus DEPUTY LABOUR COMMR. AND ORS.

M/S. HAMDARD (WAKF) LABORATORIES versus DEPUTY LABOUR COMMR. AND ORS.

Bonus is not included within the definition of 'wages' under the U.P. Industrial Disputes Act, 1947 or Payment of Bonus Act, 1965; claim for bonus must be raised by industrial dispute not execution application; the Labour Commissioner committed a manifest error in treating bonus as deferred wages and including it in execution proceedings; the impugned judgments are thus unsustainable.

Parties
Appellant: Mis. Hamdard (Wakf) Laboratories; Respondents: Deputy Labour Commissioner and Ors.
Jurisdiction
India
Judgment Date
27 April 2007
Procedural Posture
Civil Appeal / Appeal From Final Judgment and Order Dated 25.07.2006 of the High Court of Judicature at Allahabad in Special Appeal No. 443 of 2003
Outcome
Appeal allowed
Legal Topics
Bonus, Wages, Execution Proceedings, Interpretation of Statutes, Industrial Dispute, Jurisdiction of Authorities
Labour Law Statutory Interpretation Bonus Wages Execution Proceedings Interpretation of Statutes Industrial Dispute Jurisdiction of Authorities

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mis. Hamdard (Wakf) Laboratories

Appellant

Deputy Labour Commissioner and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Final Judgment and Order Dated 25.07.2006 of the High Court of Judicature at Allahabad in Special Appeal No. 443 of 2003

Legal Issues

  1. 1 Whether bonus is included within the definition of 'wages' under U.P. Industrial Disputes Act, 1947
  2. 2 Whether bonus can be claimed by way of execution proceedings under S.6-H(l) of U.P. Industrial Disputes Act, 1947
  3. 3 Interpretation of judgment's award regarding payment of back wages and bonus

Ratio Decidendi

Bonus is not included within the definition of 'wages' under the U.P. Industrial Disputes Act, 1947 or Payment of Bonus Act, 1965; claim for bonus must be raised by industrial dispute not execution application; the Labour Commissioner committed a manifest error in treating bonus as deferred wages and including it in execution proceedings; the impugned judgments are thus unsustainable.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment set aside