MOON MILLS LIMITED Vs. M R MEHER PRESIDENT INDUSTRIAL COURT BOMBAY

JUDGEMENT

(1.) THE following Judgment of the court was delivered by:

(2.) THIS appeal is brought, by special leave, against the judgment of the Bombay High court dated 6/02/1962 in Appeal No. 36 of 1960 from the order of K. K. Desai. J. in Miscellaneous Application No. 327 of 1959 filed by the appellant under Art. 226 of the Constitution of India.

(3.) IT is admitted by the second respondents that bonus had been paid in accordance with the method contained in the agreement and the award, dated 18/03/1956 for the years 1953 and 1954. There were disputes between the appellant and the second respondents with regard to the bonus to be paid for the years 1955 and 1956. The dispute was referred to the arbitration of Sri M. D. Bhat. The arbitrator gave his award on 25/04/1958. After certain correspondence between the parties the award was filed with the Registrar, Industrial court under S. 74 (1) of the Act. As the appellant failed to carry out directions contained in the award the second respondents made an application to the Labour court-Application No. 574 of 1958 contending that the appellant had committed an illegal change under the Act by not paying to their employees bonus as directed by the award, dated 25/04/1958 and prayed for an order that the appellant should be directed to withdraw the illegal change with immediate effect. The appellant denied its liability, but the Labour court allowed the application of the second respondents by its order, dated 4/08/1959 and directed the appellant to withdraw the illegal change by complying with the directions contained in the award within one month from the date of the order. The appellant took the matter in appeal to the Industrial court, being appeal No. 226 of 1959. By its order, dated 24/10/1959, the Industrial court rejected the appeal and affirmed the order of the Labour court Thereafter, the appellant moved the Bombay High court for grant of a writ under Art. 226 of the Constitution to quash the order of the Industrial court in Appeal No. 226 of 1959. The application was dismissed by K. K. Desai, J. on 1/07/1960. The appellant took the matter in appeal under Letters Patent, but the appeal was dismissed by the Division' bench consisting of Chainani, C. J. and Tarkunde, J. on 6/02/1962.