P.B. Bajanthri, J. - (1.) The petitioners - Workmen Union presented this petition challenging award dated 16.6.1994 passed by the Industrial Tribunal, Punjab, Chandigarh. Members of the petitioner Union are workmen of Punjab State Cooperative Milk Producers Federation Ltd., (for short hereinafter to be referred as 'Milkfed') is a society registered under the Punjab Cooperative Societies Act, 1961. It has more than one plant under its control, management and ownership. The Cattle Feed Plant, Bhattian is one of the plant. Earlier ownership of the plants were vested with the Punjab Diary Development Corporation Ltd. The Cattle Feed Plant, Bhattian, where the petitioners were working, was established in the year 1973-74. State Government framed a policy to bring Milkfed in the Punjab Diary Development Corporation Ltd. In other words, Cattle Feed Plant, Bhattian, is one of the taken over plant by Milkfed.
(2.) The grievance of the petitioners - Union before the Labour Court was that they are entitled to bonus more than 20% of their wages for the years 1983-84 to 1989-90 and not @ 8.33% as granted by the management. Claim of 20% bonus is with reference to huge profits made by the Cattle Feed Plant, Bhattian, during the period from 1983 to 1990. The huge profit is because of hard work and more production given by the workers like the petitioners. Therefore, they are claiming bonus @ 20% under Section 3 of the Payment of Bonus Act, 1965. Section 3 of the said Act reads as under:- " 3. Establishments to include departments, undertakings and branches.- Where an establishment consists of different departments or undertakings or has branches, whether situated in the same place or in different places, all such departments or undertakings or branches shall be treated as parts of the same establishment for the purpose of computation of bonus under this Act: Provided that where for any accounting year a separate balance- sheet and profit and loss account are prepared and maintained in respect of any such department or undertaking or branch, then, such department or undertaking or branch shall be treated as a separate establishment for the purpose of computation of bonus under this Act for that year, unless such department or undertaking or branch was, immediately before the commencement of that accounting year treated as part of the establishment for the purpose of computation of bonus."
(3.) For claiming 20% bonus by the Workers Union, they failed to establish before the Industrial Tribunal, to contend that Cattle Feed Plant, Bhattian, where the petitioners were working, gave huge profits, though the petitioners' Union produced balance sheet of the Cattle Feed Plant, Bhattian, by pointing out that huge profit has been made by Cattle Feed Plant, Bhattian. Further they have produced Auditor's report also. The same has been discarded by the Industrial Tribunal on the score that balance sheet in the year 1983-84 to 1989-90 was not made available by either of the parties, whereas the respondents have contended before the Industrial Tribunal that Cattle Feed Plant, Bhattian, is not an independent entity so as to prepare balance sheet of that plant independently. Therefore, version of the respondents has been accepted by the Industrial Tribunal while declining grant of relief to the petitioners - Union. Thus, the petitioners - Union presented this writ petition.;