- (1.)ON 30 March 1961, respondent 3 (Har Prasad Pande) applied to the State Government under Section 6h (1) of the Uttar Pradesh Industrial Disputes Act, 1947, for the recovery of a sum of Rs. 5,612. 50 as bonus on the basis of the award, dated 12 November 1959, of the Industrial Tribunal III, Uttar Pradesh, Allahabad, in Case No. 57 of 1958. After hearing the parties, the Assistant Labour Commissioner Issued a certificate to the Collector for recovery of Rs. 3,162. 50 from the petitioner-company. It is against issue of this certificate under Section 6h (1) of the Act that this writ petition is directed.
(2.)ONE of the points raised in the petition Is that the Assistant Labour Commissioner had no Jurisdiction to entertain the application under's. 6h (1) and to Issue the certificate. Along with the counter-affidavit filed by Sri Karuna Shankar Srivastava, Assistant Regional Conciliation Officer, Allahabad, Is annexed, as annexure B, an order of the State Government delegating Its powers under Section 6h to the Assistant Labour Commissioner, Uttar Pradesh, In view of this delegation, this point does not survive.
(3.)THE next point that was raised by learned Counsel for the petitioner is that there was no determination by the Assistant Labour Commissioner of the question whether respondent 3 was a workman to whom bonus could be paid. Learned Counsel has invited my attention to annexure A to the counter-affidavit of Sri Karuna Shankar Srivastava in which the objections raised on behalf of the petitioner before the Assistant Labour Commissioner are set out. The first objection reads thus: Pande was an officer of the company and his service conditions are governed by the agreement entered Into by the parties.