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1971 Supreme(Bom) 167

S.P.KOTVAL, G.N.VAIDYA
ALL INDIA VOLTAS AND VOLKART EMPLOYEES' FEDERATION – Appellant
Versus
VOLTAS LTD. – Respondent


JUDGMENT

S.P. Kotval, J.

1. This petition is directed against an award delivered by the National Industrial Tribunal under S. 10(2) of the Central Industrial Disputes Act. The award was made on 19th April, 1968 and published in the Gazette on the 25th of May, 1968. It is concerned with disputes between Messrs Voltas Limited, Bombay and their workmen represented by the All India Voltas and Volkart Employees' Federation, Bombay. The parties had arrived at settlements for referring voluntarily the issue as to bonus for the years 1964-65 and 1965-66 and consequent upon those settlements a reference was made to the Tribunal by two separate orders of Government dated 20th December, 1966 and 17th April, 1967. Originally the references were to Mr. Salim Merchant but were later on transferred to Mr. Kamal Sahai on 2nd November, 1967. Both the references came to be heard together by consent of parties and were disposed of by an order of the Tribunal passed on 6th March, 1968. The reference were upon three points mentioned in the schedule to the references with two of which we are concerned so far as the present petition is concerned. Those points were :-

    "(a) Whether the quantum of bonus paid

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