Shelat, J. - (1.) These appeals by special leave arise out of applications filed by workmen of the Appellant-company claiming bonus under the Scheme framed by the Central Government under the Coal Mines Provident Fund and Bonus Schemes Act, 46 of 1948 and railway fares and leave wages under the award of the Industrial Tribunal (Colliery Disputes) which came into effect as from February 22, 1954. The Central Government Labour Court at Dhanbad allowed their claim under Section 33-C (a) of the Industrial Disputes Act, 1947.
(2.) Mr. Gokhale for the appellant-company challenged the correctness of the Labour Court's decision and raised the following contentions:- (1) that the Labour Court had no jurisdiction to try these applications under Section 33-C (2) : (a) because Section 33-C (2) contemplates recovery of money payable under an award, settlement or under the provisions of Chapter V-A of the Industrial Disputes Act only and not under any other statute or scheme framed thereunder; (b) that under Section 33-C (2) the benefit capable of being computed in terms of money is a non-monetary benefit and not a claim for money itself; and (c) that the proceedings under Section 33-C (2) being in the nature of execution proceedings substantial questions between an employer and his employee cannot be adjudicated by the Labor Court under this Section; (2) that in any case these applications were barred by limitation prescribed by the said bonus Scheme and/or due to laches on the part of the respondents; (3) that under the said Scheme the respondents are not entitled to bonus as they were employed as domestic servant and were during the relevant period performing domestic and personal work, and (4) that the direction to pay bonus for the period prior to the dates on which these respondents were employed was invalid.
(3.) The contention as-to jurisdiction of the Labour Court depends on the true construction of Section 33-C (2) as it stood in 1962 when these applications were filed and before its amendment by Act 36 of 1964. Section 33-C (2) has so far been the subject matter of decision by this Court in three cases, viz., Punjab National Bank Ltd. vs. Kharbanda, (1962) 2 Suppl. SCR 977 , Central Bank of India vs. Rajagopalan, (1964) 3 SCR 140 and Bombay Gas Co. Ltd. vs. Gopal Bhiva, (1964) 3 SCR 709 .;