SHRI AMBADASKESHEV BAJAJ & ORS. Vs. THE GENERAL MANAGER, PRATAP SPG. AND WEAVING MILL
LAWS(SC)-1986-4-72
SUPREME COURT OF INDIA
Decided on April 17,1986

Shri Ambadaskeshev Bajaj And Ors. Appellant
VERSUS
The General Manager, Pratap Spg. And Weaving Mill Respondents

JUDGEMENT

- (1.) These two appeals filed by certificates granted by the High Court of Bombay are directed against a common Judgment passed by the High Court of Bombay upholding the contention of the employer taken by way of a preliminary objection before the payment of Wages Authority that the claim for bonus made on behalf of the workmen is not tenable in view of Section 32 (4) of the Payment of Bonus Act. It is now very fairly stated before is by counsel appearing on both sides that in the light of the recent pronouncement by this Court in 1984 Suppl. SCC Page 443 (Rashtriya Mill Mazdoor Sangh, Nagpur v. Model Mills Nagpur and Anr.) the view taken by the High Court cannot be sustained. As a matter of fact, the judgment now under appeal before us was noticed in the aforesaid decision and it was held to be wrongly decided. In the circumstances, we allow the appeals, set aside the judgment of the High Court and remit the cases to the concerned Payment of Wages Authority for fresh determination in the light of the aforesaid pronouncement by this Court. The cases will be decided by the concerned Payment of Wages Authority within a period not exceeding six months from today. The parties shall bear their respective costs. Allowing the appeals,;


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