Judgment - (1.) -In this appeal by Special Leave the Appellant challenges the order of the High Court more or less dismissing in limine the Civil Miscellaneous Writ Petition No. 4025 of 1970 filed by the Appellant for quashing the award of the Industrial Tribunal, Lucknow.
(2.) The claim of the workmen was for payment of bonus at the maximum rate fixed under the Payment of Bonus Act 1965, namely 20 per cent. It is seen from the award of the Tribunal that the proceedings were adjourned to enable the Appellant to enter appearance and contest the proceedings. According to the Tribunal though the Appellant had been properly served it remained absent. On this basis the Tribunal set them ex parate and on the sole oral evidence so to say adduced on the side of the workmen has accepted the case of the respondents that the concern has made a profit of about Rs. 2. 75 lacs in the year 1967-68 for which bonus was claimed. The Tribunal has also accepted the oral evidence that the Appellant is a very flourishing concern. Quite naturally as the Appellant did not appear before the Tribunal the latter ultimately passed the award in question directing the Appellant to pay the bonus at the maximum rate of 20 per cent prescribed under the Act.
(3.) The main grievance of the Appellant before the High Court appears to have been that no notice of the proceedings before the Tribunal was received nor has the notice been effected in accordance with the provisions contained in the rules regarding thereto .As we have mentioned earlier, the High Court is of the view that substantial justice appears to have been done by the Industrial Tribunal in the impugned award and on this basis rejected the writ petition.;