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1989 Supreme(Mad) 418

SRINIVASAN
S. Ramaiah Mudaliar Bros. and Others – Appellant
Versus
Presiding Officer, Industrial Tribunal, Madras and Another – Respondent


Appearing Advocates: For

Judgment :-

Srinivasan, J

These writ petitions arise out of a dispute relating to bonus for the year 1978-79 raised by workers in powerloom and handloom factories. The reference made by the Government contained two issues (1) whether the demand for payment of bonus for 1978-79 to the employees employed in the powerloom factories and under the handloom master weavers is justified; if so, to fix the quantum of bonus : (2) whether the amount paid for festival holiday at the rate of Rs. 3/- is justified, if not to what relief they are entitled.

2. The Industrial Tribunal answered the first question in favour of the workers and held that they would be entitled to the minimum bonus of 8.33%. As regards the second question, the Tribunal held that it would not be a matter falling within the jurisdiction of the tribunal and it is for the individual workman to put forward his claim under Section33C(2) of the Industrial Disputes Act. Hence, that question was not adjudicated upon by the Tribunal.

3. The contentions raised by the writ petitioners are mostly technical. According to the writ petitioners Rule 34(7) of the Tamil Nadu Industrial Disputes Rules has been violated by the Tribunal, in as m
















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