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1973 Supreme(Kar) 24

K.J.SHETTY, SADANANDASWAMY
WORKMEN OF MANGALORE FORT TRUST – Appellant
Versus
MANAGEMENT OF THE MANGALORE FORT TRUST – Respondent


Advocates:
K.BALAKRISHNA, S.G.SUNDARA SWAMY

JAGANNATHA SHETTY, J.

( 1 ) THIS is a petition under Art. 226 praying for an order to quash the award made by the Industrial Tribunal in Mysore, Bangalore in I. D. No. 1 of 1969.

( 2 ) THE workmen of Mangalore Port Trust by their Union Secretary is the petitioner before us. On the claim for payment of bonus, a dispute arose as between the workmen and the management of the Mangalore port Trust. The Government of Mysore referred the dispute to the Industrial tribunal under S. 10 (1) (d) of the Industrial Disputes Act, 1947, setting out the following two points for adjudication :"i. Are the Management of the Port Trust, Mangalore, justified in refusing payment of bonus to the workers for the years 1964-65 and 1965-66 at the rate of 20 per cent of their total earnings ? ii. If not, to what quantum of bonus are the said workers entitled to in the said years ?"before the Tribunal, the parties submitted their respective statements, which are fully set out in the impugned award and we are not repeating them here. It was admitted before the Tribunal by the parties that the activities carried on by the Mangalore Port Trust, constitute an Industry. The Management, however contended that the p











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