Siddhartha Varma, J. - (1.) When the workman's service as a Turner was terminated on 24.4.1984 by the petitioners, he raised an industrial dispute which was referred in the following manner.:-
(2.) The reference was answered by the Labour Court in favour of the respondent no. 2. i.e. the workman on 24.3.1993. This award which was challenged by means of a writ petition being Writ Petition No. 5245 (ss) of 1993 was upheld as the writ petition was dismissed on 13.8.2008. Thereafter, when the workman moved an application under Section 33C(2) on 5.10.2010, the impugned order was passed, quantifying the amount which was to be paid to the workman for the period 1.1.1999 and 28.2.2002. The petitioner i.e. the employer thereafter approached this Court by means of the instant writ petition.
(3.) The petitioner i.e. the employer made following submissions:- I. Under section 33C(2) of the Industrial Dispute Act (equivalent to Section 6-H-(2) of the U.P. Industrial Dispute Act) the bonus as is payable to a workman is not to be computed. II. Further the petitioner submitted that the figures as had been given out by the workman were wrongly given out regarding his salary which had resulted in the wrong calculation of the Bonus.;