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PETITIONER: THE STATE OF MYSORE
Vs.
RESPONDENT: THE WORKERS OF GOLD MINES
DATE OF JUDGMENT: 22/05/1958
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. SARKAR, A.K. SUBBARAO, K. BOSE, VIVIAN
CITATION: 1958 AIR 923 1959 SCR 895
ACT: Industrial Dispute-Gold mining industy -Claim of bonus by employees-Available surplus, Calculation of-Applicability of Full Bench Formula-Duty of Industrial Tribunal.
HEADNOTE: This was an appeal against an award of bonus to the workmen of the Mysore gold mining industries, then under company management. A covenant in the lease executed in favour of the companies permitted them to create a reserve fund to meet depreciation and development expenditure by contributing 150 of the revenue expenditure to it and deduct the same in calculating the net surplus. The covenant imposed no obligation on the lessees to create such a fund and was obviously intended to provide a basis for the lessor’s claim to royalties. It was contended on behalf of the employer companies that the formula for determination of available surplus as evolved by the Full Bench of the Labour Appellate Tribunal in Mill Owners Association, Bombay v. The Rashtriya Mill Mazdoor Sangh, Bombay, (1950) L.L.J. 1247, was inapplicable to gold mining industries which had special and distinguishing features of their own and that the employers were ...