HOARE MILLER Vs. STATE OF WEST BENGAL
LAWS(CAL)-1961-11-3
HIGH COURT OF CALCUTTA
Decided on November 30,1961

HOARE MILLER Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) THE question for consideration in this Rule is whether retired workmen of respondent No. 3, Messrs. Hoare Miller and Co Ltd. , are entitled to bonus for the year 1957, which was declared in the year 1958, and whether the dispute as to non-payment of bonus to them can be raised as an industrial dispute by the workers' union of the company.
(2.) IT is not disputed that all workmen of the respondent company are entitled, as a condition of service, to an annual bonus equivalent to one month's basic pay and 1/12th of the year's dearness allowance. This was also what was decided by the Labour Appellate Tribunal in a previous dispute between the respondent No. 3 and the workers over payment of bonus payable in 1953.
(3.) FORTY-TWO workmen of the respondent company (whose names appear in Annexure 'a' to the petition) retired in the year 1957, on attaining the age of superannuation according to their service conditions. To them the company did not pay the bonus for the year of their retirement, which bonus was declared in the year 1958.;


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