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PETITIONER: BALA SUBRAHMANYA RAJARAM
Vs.
RESPONDENT: B.C. PATIL AND OTHERS
DATE OF JUDGMENT: 19/03/1958
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN IMAM, SYED JAFFER SUBBARAO, K.
CITATION: 1958 AIR 518 1958 SCR 1504
ACT: Wages-If include bonus awarded by Industrial Court-Payment of Wages Act (IV of 1936), S. 2(vi), 15.
HEADNOTE: The Industrial Court, Bombay, awarded bonus equal to 4 1/2 months’ wages to the operatives of the Tata Mills Ltd. and directed that those operatives who were no longer in the service of the Mills should be paid the bonus in one lump sum by a fixed date and in such cases claims in writing should be made to the Manager of the Mills. The operatives who made a claim before the date fixed were duly paid but payment was refused to operatives who applied after that date. The operatives who had been refused payment made applications to the Authority under the Payment of Wages Act. The Mills contended that the Authority had no jurisdiction to entertain the application, but the contention was rejected. The Mills filed a writ petition before the Bombay High Court which was dismissed by a Single judge and an appeal against that decision was also dismissed by a Division Bench: Held, that the bonus awarded by the Industrial Court was not wages within the meaning of S. 2(Vi) of the Payment of Wages Act and as such the Au...