- (1.) IN respect of the financial year 1983-84, the State had referred the dispute under Section 10 (1) (c) of the Industrial Disputes Act, 1947 (hereinafter referred to as the I. D. Act), to the Industrial Tribunal, Kota, for adjudication whether the workmen of the petitioner bank were entitled to the bonus to the extent of 20 per cent or not. The statement of claim was filed before the Industrial Tribunal vide Annexure 1 which was replied to by the petitioner vide Annexure 2. It is stated that the petitioner had filed the calculation in respect of gross profits for the purpose of calculating available and allocable surplus for distribution of bonus for the year 1983-84 and a counter calculation was also filed by the workers. The dispute is about the amount of calculation which had been added by the workmen to the tune of Rs. 15 lakhs of the gross profit to which the case of the petitioner is that such amount cannot be added back for the purpose of bonus. For calculating the bonus, it is admitted fact that the efforts of the parties are always to decrease the gross profits by showing certain items which should have been added for the purpose of gross profits whereas the opposite party challenges such items. The item of Rs. 15 lakhs was the "overdue interest" item and the question arises whether this interest which is already overdue for the year 1983-84 should be added back to the profits or not or be considered as reserves. The case of the petitioner was that for the reasons that interest though was overdue, but had not been received and, therefore, this amount was shown as "overdue interest reserve. " It was a common case that the bonus was to be calculated as per the schedule provided and attached under the Bonus Act wherein Schedule I, all types of "reserves" have to be added back.
(2.) THE Tribunal after hearing the parties had decided the case in favour of the employees of the bank vide his award, dated April 22, 1992 (sic April 2, 1992) and the petitioner was directed to pay the balance of the arrears of the bonus at 11. 67 per cent in addition to 8. 33 per cent already paid along with interest at 9 per cent per annum. The award passed by the Tribunal on April 2, 1992 was challenged before this Court in S. B. Civil Writ Petition No. 6949 of 1993, which was disposed of vide order, dated January 31, 1995, holding therein that it was not clear from the award Annexure 6, dated April 2, 1992, whether the bank was maintaining the accounts according to mercantile system or according to cash system. It was further held that in case the accounts are maintained on cash system then the question of paying overdue interest would not have arisen, but if the bank is maintaining the mercantile system; in that situation the said amount is to be added back for calculating the bonus. It was further held that in such system, the amount of "overdue interest" cannot be reduced from the profit and loss accounts, and if the accounts are maintained in mercantile system, then whatever amount is accrued as income by way of interest is to be added back. This Court had observed as under: "the Tribunal has proceeded on the proposition that the words 'any other reserves' which are mentioned in the First Schedule will cover the overdue interest. The decision in the case of Indian Oxygen, Ltd. v. Their workmen AIR 1972 SC 471 : (1972-I-LLJ-627) was also taken into consideration. From a perusal of the award of the Industrial Tribunal it is not known whether the petitioner has maintained the accounts according to mercantile system or according to cash system. If it is cash system then the question of adding of overdue interest would not have arisen. Such amount could have been added in mercantile system. Schedule I contemplated adding back certain amount. The amount of overdue interest cannot be reduced from the profit and loss account, if the accounts are maintained in mercantile system then whatever amount is accrued as income by way of interest, it will be added to the profit of the year. The question which was adjudged by the Tribunal was whether the profit has correctly been arrived at in accordance with the formula given in the schedule. "
(3.) THE matter was remanded back to the Tribunal to proceed as per the direction and to give a finding on the question whether the bank was maintaining cash system or mercantile system.;