Decided on February 10,1969



- (1.) BY this application under Articles 226 and 227 of the Constitution, the petitioner, the Hindusthan Steel, Ltd. , representing the Bhillai Steel Project (hereinafter referred to as the management), applies for a writ of certiorari to quash an award of the industrial tribunal-cumlabour court (Central), Jabalpar, dated 30 January 1967, directing payment of 10 percent bonus to the workers of its Nandini Mechanized Mines for the month of August 1964, and for an appropriate direction declaring that they were not so entitled to such bonus.
(2.) THE material facts are these. With a view to encourage production in its Nandini Mechanized Mines, the Bhilai Steel Project introduced a scheme for payment of an incentive bonus, known as the Hindusthan Steel, Ltd. Mines Bonus Scheme, providing for payment of bonus in certain rising grades or slabs of progressive rated, depending upon the total output of limestone the month. Under the scheme, the workers are entitled to 10 per cent of their total 'basic pay earned during the month as bonus when the total approved production exceeds 27,600 tons of limestone per month. This is the minimum target provided in the scheme for earning bonus at the lowest Blab, i. e. . 10 per cent. We are not concerned with the higher slabs of bonus in this case. For the purpose of calculation of monthly production, the method laid down in Para. 6 of the scheme is that, for the first 25 days of the calender month, the actual production of the period would be taken into account, and for the remaining period of the month, the basis is an estimate on pro rata basis of the actual pro-duction for the first, 25 days. If the production in the previous month was in deficit of the minimum target of 27,600 toss, that had to be deducted from the production figures of the current month, i. e. , the management was entitled to an adjustment of any shortfall in production of the previous month.
(3.) IN the month of August 1964, the position, as per calculations provided for is the scheme, was as under:JUDGEMENT_52_TLMPH0_1969Html1.htm As the balance figure of 27,495. 08 tons in August 1964 did not reach the minimum target of 27,600 tone per month, the management accordingly gave no bonus to the workers for that month. A dispute having arisen between the management and its workers regarding the payment of 10 per cent bonus of their total basic pay earned during the month of August 1964, the Central Government made a reference of the following questions to the industrial court, under Section 10 of the industrial Disputes Act, 1947, for its adjudication: (1) Weather the workers of the Nandini Mechanized Mines of Bhilai Steel Project, post office Nandini Mines, Durg district, had achieved the target of production to entitle themselves for the payment of 10 per cent production bonus in the month of August 1964 ? (2) If so, whether the management was justified in denying the payment thereof to the workers ? If not, to what relief are they entitled ?;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.