Law: Companies Profit (Workers Participation) Act, 1968

Section: 10-B

(a) Companies Profits (Workers' Participation) Act (XII of 1968) Sched., Part I-Requirement of establishing workers participation fund-For companies only to which scheme applicable-Making Act applicable-Ipso facto would not unless so directed by Government make scheme applicable-Company to which scheme applicable liable to contribute to fund only if it earned profit for relevant period-Com pany producing account indicating loss-No tangible evidence to re but such accounts and to prove profit-Claim for workers participation fund, in circumstances, rejected. Gul Ahmad Taxtile Mills Ltd. v. Pakistan 1979 S C M R 670 ; Zeal Pak Cement Factory Ltd. v. Cement Labour Association 1960 P L C 50 and Flour Mills Employees' Union v. Karachi Steamroller Flour Mills Ltd. 1964 P L C 594 rel. (b) West Pakis           Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S. O. 10-B-Profit bonus-Claim for-Company not earning any profit for period in dispute-Claim, in circumstances, rejected. Date of hearing : 9th October, 1980.                                                                                                       ORDER These are 2 separate appeals by Workers' Union which is said to be the Collective Bargaining Agent in the respondent-establishment, against a com mon order made by the learned IVth Labour Court on 5-4-1980, dismissing the appellant Union's 2 applications made under section 34, I. R. O., one claiming share in the profits of the respondent-Company for the years 1975-76 to 1977-78, under the Companies Profits (Workers' Participation) Act, 1968 and the other for grant of profit bonus to the workers in the respondent-establishment for the years 1976-77 and 1977-78, in accordance with the provisions of Standing Order 10-C. The application for share in the profits was rejected on the ground that the number of…