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PETITIONER: M/S. PEIRCE LESLIE & CO., LTD., KOZHIKODE
Vs.
RESPONDENT: THEIR WORKMEN
DATE OF JUDGMENT: 09/03/1960
BENCH: GUPTA, K.C. DAS BENCH: GUPTA, K.C. DAS GAJENDRAGADKAR, P.B. SUBBARAO, K.
CITATION: 1960 AIR 826 1960 SCR (3) 194 CITATOR INFO : D 1967 SC1222 (10) R 1968 SC 538 (28) R 1971 SC2521 (18)
ACT: Industrial Dispute-Bonus-Full Bench formula-Variation of- Unusual risk in business and employment of small capital-If good grounds for variation-Rehabilitation allowance, Purpose of-Claim for bonus by small percentage of workmen-Whether entire surplus can be taken into account.
HEADNOTE: During the year 1954-1955, the appellant paid a sum equiva- lent to 3 months basic wages as bonus to its monthly paid clerical staff. These employees raised an industrial dispute claiming an additional bonus equal to 7 months basic wages. The Industrial Tribunal to which the dispute was referred awarded additional bonus equal to 5 months basic wages. The appellant contended that (i) since the element of risk in the business was great and the capital employed was small the Full Bench formula had to be materially altered and rates higher than 6% on paid up capital and 4% on reserves employed as working capital should be allowed (ii) a higher allowance ought to be made for rehabilitation; and (iii) the entire surplus ought not ...