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1985 Supreme(Bom) 35

K.MADHAVA REDDY, V.A.MOHTA, S.W.PURANIK
Koh-I-Noor Tabacco Products Pvt. Ltd. . , through its authorised Agent – Appellant
Versus
Presiding Officer, Second Labour Court,Nagpur & others – Respondent


JUDGMENT - V.A. MOHTA, J.:---(1) What is the ambit and scope of section 22 of the Payment of Bonus Act, 1965?

2. Whether the Payment of Bonus Act, 1965 is a complete Code for bonus payable under the said Act? If the answer is in affirmative, whether an application under section 33-C(2) of the Industrial Disputes Act, 1947, is maintainable for claiming minimum bonus payable under section 10 of the Payment of Bonus Act, 1965?

These two questions need determination by this Full Bench. The reference is made by a Division Bench of this Court in a Letters Patent Appeal No. 76 of 1982 arising out of Writ Petition No. 667 of 1980. Following is the relevant backdrop.

2. Sometime in 1977, the employees (respondents Nos. 13 to 17 to the appeal) applied under section 33-C(2) of the Industrial Disputes Act, 1947 (ID Act) for computation of claims for minimum bonus payable under section 10 of the Payment of Bonus Act, 1965 ("Bonus Act"). Though initially the claim covered period commencing from 1964-65 to 1974-75, it came to be restricted to period commencing from 1st November, 1970. The claim is against an old well known Bidi Industry, the management of which has been changing hands. Previously it








































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