SONE VALLEY PORTLAND CEMENT CO. versus THE WORKMEN

SONE VALLEY PORTLAND CEMENT CO. versus THE WORKMEN

The extra payment received by cement producers for output exceeding specified quantities under the Cement Control Order is a matter of sale price, not an incentive bonus to which workmen are entitled. In the absence of specific legislation or a management-instituted incentive scheme, workmen have no right to claim a share in such excess payment.

Parties
Appellant: Sone Valley Portland Cement Co.; Respondent: Workmen; Respondent: Respondents Nos. 2 and 3
Jurisdiction
India
Judgment Date
08 March 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Award of the National Industrial Tribunal, Bombay
Outcome
Appeal allowed
Legal Topics
Incentive Payments, Profit Bonus, Industrial Disputes, Cement Control Order
Industrial Law Incentive Payments Profit Bonus Industrial Disputes Cement Control Order

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Parties

Sone Valley Portland Cement Co.

Appellant

Workmen

Respondent

Respondents Nos. 2 and 3

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Award of the National Industrial Tribunal, Bombay

Legal Issues

  1. 1 Whether the workmen are entitled to a share in the incentive payment allowed by Government to cement producers under the Cement Control Order, 1961.

Ratio Decidendi

The extra payment received by cement producers for output exceeding specified quantities under the Cement Control Order is a matter of sale price, not an incentive bonus to which workmen are entitled. In the absence of specific legislation or a management-instituted incentive scheme, workmen have no right to claim a share in such excess payment.

Court Disposition

Appeal allowed

Orders

  • The claim of the workmen to share in the excess payment under the Cement Control Order is rejected.
  • No order as to costs.