ALL INDIA INSURANCE EMPLOYEES ASSU Vs. UNION OF INDIA
HIGH COURT OF CALCUTTA
ALL INDIA INSURANCE EMPLOYEES ASSU
UNION OF INDIA
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(1.)THE Rale nisi herein was directed against the Union of Iidia and the different authorities of the Life Insurance Corporation of India, (hereinafter called the said corporation), sailing upon them to show cause why a writ in the nature of mandamus and and writ in the nature of prohibition should not be issued against them, com. mending the said respondents and each of them to a to according to law, by directing the respondents to mi in accordance with a settlement, dated January 24, 1974 read with an administrative instruction, dated March 29, 1974; by re-calling, rescinding and/or cancelling the impugned circulars, dared september 26, 1975, February 7. 1976 and march 72, 1976, being annexures to the petition 5 by not acting in any manner whatsoever on the basis of the said impugned circulars; and further, by not refusing to pay the annual cash bonus to the Class III and Class IV employees of the respondent no. 2, th. employees of the said Corporation including the petitioners herein along with their salary for the month of April, 1976 and thereafter every year as provided by the said settlement
(2.)THE facts shortly are that, at all mate-rial time, the employees of the said-Corporation had been receiving the non-profit sharing bonus since June, (195) under several agreements or settlements arrived at by and between the sapid Corporation and the different employees' associations of the sard corporation. This was bang so done by virtue of orders made under S. 11 of the life Insurance Corpora ion Act, 1956. The standardization order of 1957 was modified and/or amended from time to time for the purpose of payment of bonus to the Class iii and Class IV employees of the Corporation and ever since 1959, the said Corporation made various settlements and/or agreements, inter alio, in respect of claim for bonus of the said Class HI and Class IV employees of the said Corporation, the last of such settlements being arrived at on january 24, 1974 by and between the said-Corporation on the one hand and the petitioner Nos. 1 to 5, being the differeni trade unionsrepresenting the workmen of the life Insurance Corporaton of India on the other. It is also provided by the said settlement that the same would be effective from April I, 1973 and would be for a period of four years, that is, from April 1, 1973 to March 31, 1977. It is further provided thereunder that the terms of the sad settlement would be subject to the approval of the Board of the Corporation and of the Central Government
(3.)PURSUANT to the aforesaiq, the said settlement received the approval of the boar. a of the Corporation and of the Central government and m terms thereof bonus was paid to the employees as aforesaid for the period from April 1, 1973 to March 31, 1974 along wi. h their salary for the month of april, 1974 and, thereafter, for the similar period which was paid along with the salary for the month of April, 1975. Difficulties arose with regard to the payment of such salary for the period commencing from april 1, 1975 to March 31, 1976 which was to become payable along with the month of april, 1976. It is to be noted that nobody disputes the legality or correctness or validity of the said settlement of January 24, 1974.
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