- (1.) THIS Rule was issued at the instance of the petitioners for cancellation of an award made by the respondent no. 2 in respect of certain disputes relating to payment of incentive bonus by respondent No. 1. Briefly, the facts set out are as follows : -The petitioners are workmen in the clerical and supervisory staff of M|s. Bengal Paper Mills Co. Ltd. (hereinafter referred to as the company ). They are represented by registered trade Union named 'the Bengal Paper mill Mazdoor Union' as its members. The Company which is a highly prosperous concern pays incentive (production) bonus to the workmen upon production of finished paper.
(2.) SOMETIME in 1959 a dispute arose between the company and above workmen over the quantum of incentive bonus payable to them. By an agreement made on 24th October, 1959 between the parties a scheme was introduced for a short period up to 31st december, 1962 for payment of such incentive bonus which provided inter alia for such payment at the rate of rs. 50/- per ton up to 250 tons above 1400 tons of finished paper. It was also agreed that minimum incentive bonus of Rs. 76,741. 00 would be paid to 220 such workmen as were in the permanent roll of the company on 1st September, 1959 for each bonus year and such minimum bonus would be increased proportionately with the increase of number of staff.
(3.) UPON this agreement a dispute arose. The workmen claimed distribution of the entire amount of pool money so derived only among those 220 workers whereas the company wanted to distribute it among all the staff including recruited workmen in the relevant year. The parties could not come to any amicable settlement. The dispute was eventually referred by an agreement to arbitration of respondent no. 2 under section 10a of the Industrial Disputes Act (hereinafter referred to as the Act.) Both the petitioners and the company filed their written statements and pressed their rival contentions before the arbitrator. On interpretation of the agreement he took the view that entire money on the maximum tonnage of production for incentive bonus should be distributed to all the workmen of the clerical staff and not merely to the said 220 workmen. He was also of the opinion that the minimum amount under clause 3 (e) was fixed for paymnet to these workers which was liable to be increased proportionately with the increase of the staff for the relevant years and accordingly, he gave his award. That is how the petitioners felt aggrieved and obtaind the present Rule.;