MANAGEMENT OF THE KODANERI ESTATE Vs. ITS WORKMEN
LAWS(SC)-1960-2-18
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on February 22,1960

MANAGEMENT OF THE KODANERI ESTATE Appellant
VERSUS
ITS WORKMEN Respondents




JUDGEMENT

- (1.)This appeal by special leave is preferred against the award of the Labour Court, Coimbatore, dated December 30, 1957, in Industrial Dispute No. 40 of1957.
(2.)The appellant is a concern of a joint Hindu family, which owns the Kodaneri Estate in Kotagiri, a hill station in the Madras State. The Estate consists of 53 acres of coffee and 40 acres of tea plantations. The workmen of the Estate raised an industrial dispute in regard to bonus for the years 1952 to 1956. The Government of Madras, by its notification dated June 21, 1957, referred the following question for adjudication to the Labour Court, Coimbatore:
"Whether the workers are eligible for any bonus for the years 1952, 1953, 1954, 1955 and 1956 and if so, to fix the quantum." The Labour Court held that the workers were entitled to bonus for 10 days in 1953, one month in 1954 and 15 days in 1956. In this appeal the Management of the Estate questions the correctness of that finding.

(3.)Learned counsel for the appellant contends that the Labour Court erroneously disallowed all the prior charges to which the appellant was entitled under the Bombay Formula. It is pointed out in particular that the Labour Court wrongly disallowed- (i) any return on the capital invested; (ii) any reserves for rehabilitation; and (iii) legitimate remuneration for the managing partner who devoted his full time and energy to the business of the joint family, apart from investing his capital.
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