- (1.) ORDER this Rule was obtained by the petitioner for quashing an award by the Tribunal relating to payment of bonus to its workmen for the year 1965 under the Payment of bonus Act 1965 (referred to herein as the Act ).
(2.) A dispute arose as to the quantum of bonus payable by the petitioner to its workmen under the Act for the year 1965. By a settlement between the petitioner and its workmen represented by "kidderpore Sramik Union" the dispute was referred to the 5th Industrial tribunal, the respondent No. 1 for adjudication. The petitioner's case before the Tribunal was in substance that the direct tax for the purpose of ascertainment of bonus under the Act should be calculated on a notional basis by applying the rates applicable to the accounting year in question to the balance of gross profits in terms of relevant Section 4 of the Act but without deducting the bonus. The case of the workmen, on the other hand, was that the amount deductable as direct tax was actual amount of tax as assessed under the Income Tax Act, 1961.
(3.) THE Tribunal took the view that the amount of direct tax deductable in calculating the bonus for the accounting year 1965 was the amount actually assessed upon the petitioner under the provisions of the Income Tax Act and accordingly, after deducting amongst other items a sum of Rs. 1,97,671/-awarded bonus on an available surplus of rs. 1,07,937. That is how, in short, the petitioner felt aggrieved and obtained the present Rule.;