Kalyan Jyoti Sengupta, J. - (1.) The petitioner above-named (hereinafter referred to as the management) by this application has impugned award passed by the Central Industrial Tribunal being the second respondent dated 28th February 1997 in reference case No. 41 of 1981, in connection with the disputes raised by the Food Corporation of India Workers' Union (hereinafter in short 3rd respondent). The learned Tribunal decided the issue in favour of the third respondent in connection with the dispute referred to it under Section 10(1) (d) of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act) which is set out hereunder.
(2.) Whether action of the management of Food Corporation of India, Calcutta in not making exgratia payment in lieu of bonus on attendance allowance to their workmen employed in 20 depots in Calcutta Complex on the plea that the same does not form part of salary or wage as defined in the Payment of Bonus Act, 1965, is justified? If not, to what relief are the concerned workmen entitled?
(3.) The learned Tribunal while deciding aforesaid case examined witness of both the sides and allowed the documentary evidence to be adduced. Upon examining and interpreting the documentary evidence and analyzing, appreciating oral evidence adduced by both the parties, the learned Tribunal came to fact findings that the attendance allowance paid by the management to the members of the 3rd respondent (union) is part of the wages, so, while paying exgratia in lieu of bonus the attendance allowance should be added, which had hitherto been refused by the management to the workers. The learned Tribunal while coming to this finding had applied the definition of wages as mentioned in the said Act, however, ignored the definition of 'wages' mentioned in the payment of Bonus Act. The reference as above has background of the following short fact, admittedly.;