- (1.) In this petition, the petitioner has challenged an award given by an Industrial Tribunal; the award is Annexure 14 to the writ petition.
(2.) The facts of the case are that the petitioners claim to be workmen of M/s. Somaiya Organics India Limited which is a limited company registered under the Indian Companies Act and has its registered office at Barabanki. The petitioners' case is that the Company has got a distillery at Captaingani and for the year 1969 the Company distributed bonus to its employees working at Captaingani. The petitioners claim that they are the employees of the Company working at Barabanki. They demanded bonus in the same way as it was paid to the workmen working at Captainganj Distillery and thus raised an industrial dispute. The State of Uttar Pradesh vide its Notification No. 2333 (Shra-As) 36 Shram (ka)- 51 (LR)/73 dated 6-5-1974 referred the dispute between the parties, relating to bonus, to opposite party No. 2 Industrial Tribunal II, Lucknow. The opposite party No. 2 registered the case as Adjudication case No. 13 of 1974 and called upon the parties to file their pleadings. The statement of the case filed by the petitioners is Annexure 1 to the petition. The written statement filed by the Company is Annexure 2 and the rejoinder of the petitioners to the written statement of opposite party No. 1 is Annexure 3 to the writ petition. Before the Tribunal three additional issues were framed. They are as follows: "1. Whether the matter of dispute is not an Industrial dispute for the reasons mentioned in para 1 of the employers' written statement? If so, its effect? 2. Whether Somaiya Organics (India) Ltd., Barabanki should be treated as a separate unit for the purpose of payment of bonus under the Payment of Bonus Act. 1965? If so, its effect? 3..................."
(3.) During the course of proceedings before the Tribunal, Balance sheet for the year 1969 of the Barabanki unit of opposite party No. 1 was filed. The Balance sheet is Annexure 10 to the writ petition. A perusal of Annexure 10 will indicate that a note is appended to the Balance Sheet. The note reads as follows; "Barabanki Factory was under construction during the calendar year ended on 31-12-1969. Expenses of revenue nature are collected under head "Expenditure During construction Account" in Balance Sheet itself and no profit & Loss Account is prepared." The averment in the writ petition is that no profit and loss account for the year 1969 in respect of which the Bonus was claimed by the petitioners was prepared with respect to Barabanki unit. In the Balance Sheet it is noted that no Profit and Loss Account was prepared. Opposite party No. 2 by order dated 24-7-1975 held that the Barabanki unit of opposite party No. 1 should be treated as a separate unit for the purposes of payment of bonus under the Payment of Bonus Act and that no bonus could be allowed to the petitioners merely on the ground that the same was awarded to the employees of opposite party No. 1 working at Captainganj. The order of opposite party No. 2, Annexure 13 to the petition, was published in the U. P. Gazette dated 28-10-1975, an extract from the Gazette containing the award of opposite party No. 2 is Annexure 14 to the writ petition.;