WORKMEN OF M/S BATA SHOE CO., (P) LTD. versus M/S BATA SHOE CO. (P) LTD.

WORKMEN OF M/S BATA SHOE CO., (P) LTD. versus M/S BATA SHOE CO. (P) LTD.

As the general bonus paid under Article VI of the agreement Ex. A-5 dated August 30, 1962, was an annual bonus linked with production or productivity and in lieu of bonus based on profits, and the agreement was entered before 29 May 1965, s. 32(vii)(a) of the Payment of Bonus Act, 1965 bars the employees from claiming additional bonus under the Act for the period the agreement was in operation.

Parties
Appellant: Workmen of M/s Data Shoe Co. (P) Ltd.; Respondent: M/s Data Shoe Co. (P) Ltd.
Jurisdiction
India
Judgment Date
01 May 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From Award of Industrial Tribunal
Outcome
Appeal dismissed
Legal Topics
Payment of Bonus, Agreements Under Payment of Bonus Act, 1965, Production/profit Bonus, Industrial Disputes
Labour Law Industrial Law Payment of Bonus Agreements Under Payment of Bonus Act, 1965 Production/profit Bonus Industrial Disputes

Case Brief

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Parties

Workmen of M/s Data Shoe Co. (P) Ltd.

Appellant

M/s Data Shoe Co. (P) Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Award of Industrial Tribunal

Legal Issues

  1. 1 Whether workmen are precluded by s. 32(vii)(a) of the Payment of Bonus Act, 1965 from claiming bonus under the Act in view of the agreement Ex. A-5 dated August 30, 1962

Ratio Decidendi

As the general bonus paid under Article VI of the agreement Ex. A-5 dated August 30, 1962, was an annual bonus linked with production or productivity and in lieu of bonus based on profits, and the agreement was entered before 29 May 1965, s. 32(vii)(a) of the Payment of Bonus Act, 1965 bars the employees from claiming additional bonus under the Act for the period the agreement was in operation.

Court Disposition

Appeal dismissed

Orders

  • Award of Industrial Tribunal is confirmed; no order as to costs.