SUPREME COURT OF INDIA
P.S.Kailasam : Y.V.Chandrachud
American Express International Banking Corporation
Versus
S.Sundaram
Case No. : 3169 of 1977
Date of Decision : 8/17/77
Banking Regulation Act, 1949 - Section 35A – Banking - Payment Of Bonus – Agreement - We have heard learned counsel for both sides in special leave petition - One of main arguments advanced on behalf of petitioner express international banking corporation is that in view of directions issued by reserve bank it is not open to petitioner-bank to pay in excess of six per cent bonus to respondents and other employees even if such bonus is payable under an agreement between bank and its employees – Held, We would like to clarify that in view of me judgment of Industrial tribunal against which petitioner has filed special leave petition directions if any issued by reserve bank cannot stand in way of petitioner in making payment of bonus in excess of six per cent - Tribunal has held that bank is liable to pay bonus in accordance with agreement and therefore directions of reserve bank can no longer be operative as impediment in payment of bonus - Petition is dismissed.
(1) WE have heard learned Counsel for both the sides in the special leave petition. One of the main arguments advanced by Mr. Pai, on behalf of the petitioner the American Express International Banking Corporation, is that, in view of the directions issued by the Reserve Bank of India under S. 35A of the Banking Regulation Act, 1949, it is not open to the petitioner-Bank to pay in excess of six per cent the bonus to the respondents and the other employees even if such bonus is payable under an agreement between the Bank and its employees. We would like to clarify that, in view of me judgment dated 30/03/1977 of the Industrial tribunal against which the petitioner has filed the special leave petition, the directions, jf any, issued by the Reserve Bank cannot stand in the way of petitioner in making the payment of bonus in excess of six per cent. The tribunal has held that the Bank is liable to pay the bonus in accordance with the agreement and, therefore, the directions of the Reserve Bank can no longer be operative as impediment in the payment of bonus. The special leave petition is dismissed.
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