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The word 'bonus' has however acquired a secondary meaning in the sphere of industrial relations | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is classified amongst the methods of wage payment | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It has been used especially in the United States of America to designate an award in addition to the contractual wage | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is usually intended as a stimulus to extra effort but sometimes represents the desire of the employer to share with his workers the fruits of their common enterprise | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Vide Encyclopaedia Britannica, Volume III, page 856 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Pocket Part of the Corpus Juris Secundum, Volume XI, under the heading "As Compensation for Services" quotes the following passage from Attorney-General v. City of Woburn, 317 Mass. 465 :- "The word 'bonus' is commonly used to denote an increase in salary or wages in contracts of employment | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The offer of a bonus is the means frequently adopted to secure continuous service from an employee to enhance his efficiency and to augment his loyalty to his employer and the employee's acceptance of the offer by performing the things called for by the offer binds employer to pay the bonus so called | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It also gives another meaning of the word bonus', viz:- "Increased compensation for services already rendered gratuitously or for a prescribed compensation where there is neither express or implied understanding that additional compensation may be granted | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This imports the conception that even though the payment be not strictly due to the recipient nor legally enforceable by him, a claim to the same may be laid by the employee under certain conditions and if such claim is entertained either by an agreement with the employer or by adjudication before a properly constituted Tribunal as on an industrial dispute arising | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the same would ripen into a legally enforceable claim | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This position was recognised in Sutton v. Attorney-General , (1923 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
T.L.R. 294, 297; where the Earl of Birkenhead observed "The term 'bonus' may of course be properly used to describe payments made of grace and not as of right | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But it nevertheless may also include, as here, payments made because legally due but which the parties contemplate will not continue indefinitely", and in National Association of Local Government Officers v. Bolton Corporation, [1943 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A.C. 166, I87; "This payment, if made, cannot properly in my opinion be regarded as a mere gratuity | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Though there is an element of bounty in it the bounty, if granted, is given for good reasons of national policy | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I do not see why this does not fall within the definition of trade dispute just as much as a dispute as to the rate of wages or salary | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
To a similar effect are the observations in Kenicott v. Supervisors of Wayne County, (1873) 83 U.S. 452 21 L., Ed | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But second, the meaning of the word 'bonus' is not given to it by the objection | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is thus defined by Webster | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A premium given for a loan or a charter or other privilege granted to a company; as, the bank paid a bonus for its charter; a sum paid in addition to a stated compensation | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is not a gift or gratuity, but a sum paid for services, or upon a consideration in addition to or in excess of that which would ordinarily be given" , 12 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
And also in Great Western Garment Co. Ltd. v. Minister of National Revenue , (1948 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
D.L.R. 25, 233 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A bonus may be a mere gift or gratuity as a gesture of goodwill and not enforceable, or it may be something which an employee is entitled to on the happening of a condition precedent and is enforceable when the condition is fulfilled | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But in both cases it is something in addition to or in excess of that which is ordinarily received | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Textile Labour Inquiry Committee defined 'bonus' as follows :- "The term bonus is applied to a cash payment made in addition to wages | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It generally represents the cash incentive given conditionally on certain standards of attendance and efficiency being attained | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There are however two conditions which have to be satisfied before a demand for bonus can be justified and they are, (1) when wages fall short of the living standard and (2) the industry makes huge profits part of which are due to the contribution which the workmen make in increasing production | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The demand for bonus becomes an industrial claim when either or both these conditions are satisfied | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The principles for the grant of bonus were discussed and a formula was evolved by the Full Bench of the Labour Appellate Tribunal in Millowners' Association, Bombay v. Rashtreeya Mill Mazdoor Sangh, Bombay, (1950 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
2 L.L.J. 247;"As | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
both labour and capital contribute to the earnings of the industrial concern, it is fair that labour should derive some benefit, if there is a surplus after meeting prior or necessary charges" and the following were prescribed as the first charges on gross profits, viz | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1) Provision for depreciation, (2) Reserves for rehabilitation, (3) A return at 6 per cent | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
on the paid up capital | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A return on the working capital at a lesser rate than the return on paid up capital | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The surplus that remained after meeting the aforesaid deductions would be available for distribution as bonus | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is therefore clear that the claim for bonus can be made by the employees only if as a result of the joint contribution of capital and labour the industrial concern has earned profits | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If in any particular year the working of the industrial concern has resulted in loss there is no basis nor justification for a demand for bonus | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Bonus is not a deferred wage | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Because if it were so it would necessarily rank for precedence before dividends' The dividends can only be paid out of profits and unless and until profits are made no occasion or question can also arise for distribution of any sum as bonus amongst the employees | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If the industrial concern has resulted in a trading loss, there would be no profits of the particular year available for distribution of dividends, much less could the employees claim the distribution of bonus during that year | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This has been clearly recognised even in the various decisions of the Labour Appellate Tribunal, e.g., Nizam Sugar Factory Ltd., Hyderabad v. Their Workmen, (1952 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I L.L.J. 386; Textile Mills, Madhya Pradesh v. Their Workmen, (1952) 2 L.L.J. 625;and Famous Cine Laboratory v. Their Workmen, (1953 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
L.L.J. 466;This was also the basis of the demand of the respondent in the case before us, its case being that the appellant had reaped substantial profits during the year 1949 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This case was negatived by the Industrial Court as well as the Labour Appellate Tribunal, both of whom held that the working of the appellant during the year 1949 had resulted in a loss | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Whereas the Industrial Court declined to grant the respondent any relief because the working of the appellant during the year had resulted in a loss, the Labour Appellate Tribunal made a special case for the respondent in spite of its concurrence with that finding of the Industrial Court | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is significant to observe that this principle was accepted by the Labour Appellate Tribunal itself | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As at present advised a claim for bonus which had been rested on profits earned should ordinarily be determined on the basis of the profits earned in the year under claim and that the scale of bonus should be determined on the quantum of profits earned in the year | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
So, it would follow that if there is trading loss in the year under claim, bonus should not ordinarily be awarded | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It however observed: " But, in our opinion, that should not be the universal rule | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Considerations of social justice cannot be disregarded altogether, in relations between capital and labour | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There may be special cases, and we consider the case before us to be one, where social justice would demand that labour should have bonus for the year where for that very year capital had not only a.. reasonable return but much in excess of that | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Labour Appellate Tribunal did not accept the contention of the respondent that bonus should be linked to dividends nor did it rest its decision on the respondent having a right, title and interest in the reserves and the undistributed profits of the appellant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Linking of bonus to dividend would obviously create difficulties | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Because if that theory was accepted a company would not declare any dividends but accumulate the profits, build up reserves and distribute those profits in the shape of bonus shares or reduce the capital in which event the workers would not be entitled to claim anything as and by way of bonus | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The workers not being members of the company would also not have any right, title and interest in the reserves or the undistributed profits which would form part of the assets of the company | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Even on a winding up of a company the property of the company would be applied in satisfaction of its liabilities pari passu and, unless the articles of association of the company otherwise provided, in distribution amongst the members according to their rights and interest in the company | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The employees would in no event be entitled to any share or interest in the assets and the capital of the company | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A transfer of moneys from these reserves or the undistributed profits would therefore not enure for the benefit of the workers | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The shareholders only would be entitled to such benefit and the mere fact that dividends were declared and paid to the shareholders out of such reserves and undistributed profits would not entitle the workers to demand bonus when in fact the working of the industrial concern during the particular year had showed a loss | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It has also got to be remembered that the labour force employed in an industrial concern is a fluctuating body and it cannot be predicated of the labour force in a particular year that it represents the past and the present workers, so that it can claim to demand bonus out of the reserves or undistributed profits of the Previous years | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the accounts of each year being made up and the profits of the industrial concern being ascertained the workers during the particular year have their demand for bonus fully satisfied out of the surplus profits and the balance of profits is allocated and carried over in the accounts | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No further claimed payment of bonus out of those reserves or undistributed profits can therefore survive | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
To admit the claim for bonus out of the reserves transferred to the profit and loss account would tantamount to allowing a second bonus on the same profits in respect of which the workers had already received their full bonus in the previous year | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The labour force which earns the profits of a particular year by collaborating with the employers is distinct from the one which contributed to the profits of the previous years and there is no continuity between the labour forces which are employed in the industrial concern during the several years | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The ratio which applies in the case of the shareholders who acquire the right, title and interest of their predecessorsin-interest does not apply to the labour force and the fact that the shareholders get a dividend by transfer of funds from the reserves and undistributed profits of the previous years would not entitle the workers to demand bonus out of those funds if the working of the industrial concern during the particular year has resulted in a trading loss | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The considerations of social justice imported by the Labour Appellate Tribunal in arriving at the decision in favour of the respondent were not only irrelevant but untenable | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Social justice is a very vague and indeterminate expression and no clear-cut definition can be laid down which will cover all the situations | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Mr. Isaacs, the learned counsel for the respondent | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
attempted to give a definition in the following terms : "social justice connotes the balance of adjustments of the various interests concerned in the social and economic structure of the State, in order to promote harmony upon an ethical and economic basis" and he stated that there were three parties concerned here, viz | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the employers, the labour and the State itself, and the conception of social justice had to be worked out in this context | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Without embarking upon a discussion as to the exact connotation of the expression "social justice" we may only observe that the concept of social justice does not emanate from the fanciful notions of any particular adjudicator but must be founded on a more solid foundation | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Indeed the Full Bench of the Labour Appellate Tribunal evolved the abovequoted formula with a view to dispensing social justice between the various parties concerned | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It adopted the following method of approach at page 1258 of that judgment :- "Our approach to this problem is motivated by the requirement that we should ensure and achieve industrial peace which is essential for the development and expansion of industry | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This can be achieved by having a contented labour force on the one hand, and on the other hand an investing public who would be attracted to the industry by a steady and progressive return on capital which the, industry may be able to offer | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This formula was reiterated in Textile Mills, M. P | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Their Workmen, (1952) 2 L.L.J. 625; and Famous Cine Laboratory v. Their Workmen, (1953) 1 L.L.J. 466; and in the latter case it deprecated the idea of adjudicators importing considerations of social justice which were not comprised in that formula :- "And what is social justice | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Social justice is not the fancy of any individual adjudicator; if it were so then ideas of social justice might vary from adjudicator to adjudicator over all parts of India | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In our Full Bench decision (See 1950, 2 L.L.J. 1247), we carefully considered the question of social justice in relation to bonus, and there we equated the rights and liabilities of employers and workmen with a view to achieving a just formula for the computation of bonus | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
That Full Bench decision stands, and this tribunal and all other tribunals are bound by it | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Without committing ourselves to the acceptance of the above formula in its entirety we may point out that the Labour Appellate Tribunal did not apply its own formula to the facts of the present case | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is also significant to note that even while importing considerations of social justice the Labour Appellate Tribunal was oblivious of the fact that it was by their own acts of indiscipline and strike that the workers of the appellant company themselves contributed, to the trading losses incurred by the appellant and it hardly lay in their mouth then to contend that they were none the less entitled to a payment of bonus commensurate with the dividend paid to the shareholders out of the undistributed profits of the previous years | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Labour Appellate Tribunal also overlooked the fact that but for the Public Companies (Limitation of Dividend | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Ordinance of 1948 the whole of the profits of 1948 could have been distributed after paying the workers bonus in that year of four annas in the rupee | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We may before concluding refer to an argument which was addressed to us by Mr. Isaacs, the learned counsel for the respondent, that this Court under article 136 should not interfere with the decisions of the tribunals set up by the Industrial Disputes Act, 1947 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This contention can be shortly answered by referring to our decision in Bharat Bank Ltd., Delhi v. Employees of the Bharat Bank Ltd., Delhi, (1950] S.C.R. 459 1950 Indlaw SC 48; where we held that the Industrial Tribunals were tribunals within the meaning of article 136 and further that article 136 has vested in this, Court exceptional and overriding power to interfere where it reaches the conclusion that a person has been dealt with arbitrarily or that a Court or tribunal within the territory of India has not given a fair deal to a litigant | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Vide Dhakeswari Cotton Mills Ltd. v. Commissioner of Income-tax, West Bengal 1954 Indlaw SC 213 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The result therefore is that the decision of the Labour Appellate Tribunal appealed against must be reversed and that of the Industrial Court (Textiles and Hosiery), Kanpur, restored | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appeal will accordingly be allowed with costs | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appeal allowed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Aggrieved by the decision of Customs,Excise and Gold Control Appellate Tribunal (CEGAT) dated 11.4.2000,the appellants (assessee) have come by way of civil appeals under Section 35L of the Central Excise Act,1944 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appellants were engaged in the manufacture of biscuits classifiable under Sub-Heading 1905.11 of the Central Excise Tariff | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The biscuits were sold under the brand name "Meghraj".Under show cause notices it was alleged that the appellants herein (assessee) have sold the biscuits under the brand name "Meghraj",which was a registered trade mark of Kay Aar Biscuits (P) Ltd.who was using the said trade mark on manufacture of biscuits themselves,and,therefore,the appellants were not eligible to the benefit of SSI Notification No.1/93-CE dated 28.2.1993 as amended by Notification No.59/94-CE dated 1.3.1994 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The above show cause notices were issued by the Department demanding differential duty for the period April 1994 to June 1994 amounting to Rs.3,74,948/-plus short paid duty for the period April 1995 to May 1995 amounting to Rs.92,992.The said demand was based on an agreement detected by the Department | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
That Agreement was between Madan Verma,Director of a company known as M/s | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Kay Aar Biscuits (P | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Ltd.,Ghaziabad,and M/s | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Rich Food Products (P) Ltd.,Noida | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Under the said Agreement M/s | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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