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1980 Supreme(Del) 53

LEELA SETH
KRISHNA GOLD AND SILVER THREAD MILLS – Appellant
Versus
UNION OF INDIA – Respondent


LEILA SETH, J

( 1 ) THE petitioner-employer by this petition under Article 226 of the Constitution of India prays a writ of certiorari to quash the certificate dated 23rd October, 1969 issued by the Labour Commissioner; Delhi, respondent No. 2 under Section 33c (1) of the Industrial Disputes Act, 1947 (to be REFERRED TO to in brief as "the Act" ). The certificate is for an amount of Rs. 24156. 22. In accordance with this certificate, the Collector, Delhi, respondent No. 4 is directed to recover the above mentioned amount from the petitioner, in the same manner, as arrears of land revenue and distribute it to the 137 workmen. A list of the names and individual amounts due to each workman is enclosed with the certificate. As stated in the certificate, the amount is due as bonus for the year 1968-69, in accordance with the settlement dated 1st June, 1968.

( 2 ). Mr. Rakesh Kanwar, learned counsel for the petitioner urged vehemently and at length, that the certificate dated 23rd October, 1969 was invalid, as it was issued without jurisdiction. He submitted, that there was a breach by the workmen of Clause 6 and, as such, bonus in terms of Clause 4 of the settlement dated 1st June, 1968









































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