VEGOILS P LIMITED Vs. N G CHITALE

JUDGEMENT

(1.) In this Miscellaneous Petition Vegoils Private Limited - the petitioners impugned the order of the 1st respondent dated 25th October, 1972, given in Reference No. (IT) 50 and 200 of 1971. The order was in a reference for adjudicating the bonus demand of the workmen of the petitioners for two years, i.e., for 1968-69 and 1969-70. For these two years the employers of the workmen was another company, i.e., Karamchand Premchand Private Limited and this company later on transferred this particular undertaking to the present petitioners who have thus got involved in the question of payment of bonus for these two years. In respect of these two years the employers' contention for second of such year, i.e., 1969-70 was accepted and hence not questioned in the petition. However, the employers' contention for the first of the two years, i.e., for 1968-69 was not accepted by the Industrial Tribunal and hence this court has been moved.

(2.) Under these two references the bonus demands on the workmen and clerical staff of the factory situate at Salt Pan Road, Wadala were involved. However, a reference to the history of this undertaking becomes material in view of the rival contentions which are required to be considered and decided. The public limited company, viz., Swastik Oil Mills Limited originally owned the factories with which we are concerned and which are now owned by the petitioners company. One of these factories is at Ambernath. A scheme of amalgamation was formulated between the said Swastik Oil Mills Limited and Karamchand Premchand Private Limited under which the assets of Swastik Oil Mills Limited were to be taken over by the private limited company, i.e., the transferee company and this scheme was ultimately, after all necessary processes were carried out, sanctioned by the High Court by its order dated 31st March, 1969 with effect from 1st April, 1968. Thereafter a deed of transfer dated 30th March 1970 was made between Karamchand Premchand Private Limited and the petitioner-company the undertakings with which we are concerned which originally constituted the assets of Swastik Oil Mills Division were transferred to and vested in petitioner-company. All the requirements necessary for the petitioner-company to take over the liabilities of the said private limited company to its workmen under the said several provisions of the Labour Laws in question have been observed.

(3.) Now in respect of bonus demands for the said two years the workmen claimed bonus on the basis of the balance-sheets and profit and loss accounts of Karamchand Premchand Private Limited for the two years. According to the employers, however, the accounts were being separately maintained in respect of the Swastik Oil Mills Division of the said Private Limited Company, both for its Wadala and Ambernath factory. The employer's contention was that the bonus had to be calculated on this separate accounts and reliance was placed on the proviso proviso to S. 3 of the Payment of Bonus Act, 1965.