- (1.) Finding a conflict between two Division Benches reported in Postal Seals Industrial Cooperative Society Limited, Aligarh v. Labour Court, Lucknow, 1971 (1) LLJ 327 and Krishna Mohan Singh v. Raton Steel Limited, Lohta Varanasi, 1973 (26) Fac LR 418 , the present reference has been made to the Full Bench.
(2.) The facts of the case needing to be stated for deciding the controversy lie in a narrow campus. The Petitioner was a registered firm carrying on the business of manufacturing metal utensils at Mirzapur. According to the Petitioner, it had a small workshop where nine persons were employed. Respondent No. 1, which is Bartan Nirmata Mazdoor Sabha, raised a demand for payment of bonus to the workmen for the year 1970-71. As the Petitioner firm did not agree to the payment of bonus on the ground that since it was not a factory, having in its employment less than twenty persons, there was no liability of payment of bonus under the Payment of Bonus Act.
(3.) The State Government being satisfied that a dispute existed between the Petitioner and Respondent No. 1, made a reference of the dispute referred to above to the Industrial Tribunal (I), Allahabad. The case was registered as Adjudication Case No. 65 of 1973.;