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1988 Supreme(Ker) 100

MALIMATH, BHASKARAN NAMBIAR
PAPPU – Appellant
Versus
RAJA TILE AND MATCH WORKS – Respondent


Judgment :-

1. The applicability of S.33-C (2) of the Industrial Disputes Act to a claim for bonus under the Payment of Bonus Act, arises for determination in this appeal.

2. The facts are not in dispute. The appellants are two employees of a Tile and Match Factory, claiming bonus for the year 1978-79 at the rate of 17.75 per cent of the wages as declared by the employer. The employer paid the bonus deducting seven days wages, paid for national and festival holidays. These two employees claimed that bonus was payable to them with reference to the wages received by them for these holidays as well; but the employer did not accede to this demand. They therefore, moved the Labour Court under S.33-C(2) of the Industrial Disputes Act. The employer questioned the jurisdiction of the Labour Court to entertain the application; but the same was overruled and the employer was directed to pay the two appellants Rs. 27.50 towards bonus. This decision was challenged by the employer under Art.226 of the Constitution and a learned single judge allowed the writ petition and quashed the decision of the Labour Court holding that the "dispute" raised by the Management was an "industrial dispute" under


















































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