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1971 Supreme(SC) 659

C.A.VAIDIALINGAM, K.K.MATHEW
Indian Oxygen: Workmen Of Indian Oxygen LTD. – Appellant
Versus
Workmen: Indian Oxygen LTD. – Respondent


Judgment

VAIDIALINGAM, J.:- All these appeals, by special leave, are directed against the Award dated January 20, 1967 of the National Industrial Tribunal, Calcutta in Reference No. NIT-1 of 1966. Civil Appeal No. 415 of 1967 is by the Company regarding the disallowance of certain items by the Tribunal for arriving at the available and allocable surplus for the accounting year 1964-65.

2. Civil Appeals Nos. 813 and 1302 of 1967 are by the two unions representing the workmen, against that part of the Award rejecting the claim of the Unions for adding back certain items for the purposes of calculating the rate of bonus to be paid by the appellant company.

3. As mentioned earlier, the year of account is 1964-65, which is, October 1, 1964 and ending September 30, 1965. The appellant Company was incorporated under the Indian Companies Act, in 1935 and was made into a public company in 1958. It is a venture of the British Oxygen Company incorporated in England and the English Company still holds a little over 66 of the shares of the Indian Company. The main products of the Company are production of industrial gases like oxygen, dissolved acetylene,. nitrogen and hydrogen and also electrod























































































































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