HUTTI GOLD MINES KAMGAR SANGH Vs. GOVERNMENT OF INDIA
LAWS(APH)-1972-4-3
HIGH COURT OF ANDHRA PRADESH
Decided on April 14,1972

HUTTI GOLD MINES KAMGAR SANGH Appellant
VERSUS
GOVERNMENT OF INDIA Respondents

JUDGEMENT

- (1.) THE constitutional validity of Sub-section (10) of Section 32 of the Payment of Bonus Act, 1965 is assailed in this writ petition filed by Hutti Gold Mines Kamgar Sangh, against their employer, the Hutti Gold Mines Company Limited, Raichur, Mysore State, the 2nd respondent herein.
(2.) THE petitioner is a registered trade union of employees working in the 2nd respondent's mines. The Government of India is impleaded as the 1st respondent. The 2nd respondent is the Hutti Gold Mines Co. , Ltd. , engaged in mining of gold. The 3rd respondent is the Industrial Tribunal, Hyderabad, constituted under Section 7a of the Industrial Disputes Act, 1947 to adjudicate upon a reference of an industrial dispute regarding payment of bonus between the petitioner and the 2nd respondent. The Hutti Gold Mines Company Limited is a company governed by the provisions contained in the Companies Act, 1956. It became a Government company on account of the Government of Mysore purchasing more than 51% of the share in it. The Payment of Bonus Act, 1965 (referred to hereinafter merely as 'the Act') came into force with effect from the accounting year 1964. As per Sub-section (2) of Section 1 of the Act, the Act was made applicable to every factory and every other establishment in which twenty or more persons " are employed on any day during the accounting year.
(3.) THE petitioner raised a dispute regarding payment of bonus for the year 1968-69 at the rate of 20% of the total annual wages of every worker under the Act. The management resisted the said claim mainly on the ground that the Act is not applicable to them as they ' are a public sector establishment, and also on the additional ground that there is no allocable surplus. The matter is pending adjudication before the 3rd respondent herein in I. D. No. 41 of 1969.;


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