| Citation(s) |
|---|
| 1983 SLG 1468 1983 SLD 1468 1983 PLC 336 |
Labour Appellate Tribunal, Sindh
Appeal No. KAR-397 of 1982, heard on 17th November, 1982.
Z. A. CHANNA, APPELLATE TRIBUNAL
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Appeal No. KAR-397 of 1982, heard on 17th November, 1982.
Z. A. CHANNA, APPELLATE TRIBUNAL
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MESSRS WAHEED TEXTILE MILLS LTD.
VS
WORKERS UNION
Law:
Section:
West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of (1968) -- --S. O. 10-C-Statutory bonus-Payable for year in which profit made-Quantum of profit-To be kept in view-Claim of Union for bonus-Labour Court without evidence regarding quantum of profit earned in concerned year directing employer to pay bonus-Order of Labour Court in circumstances, set aside by Appellate Tribunal and case remanded for decision afresh after obtaining relevant evidence-Industrial Relations Ordinance (XXIII of 1969) Ss. 34 & 38. Mamoon Kazi for Appellants. Shafts Ahmed Qureshi for Respondent. Date of hearing : 17th November, 1982. ORDER This appeal is directed against the order of the learned IInd Labour Court, made on 9th September, 1982, directing the appellant-Company to pay in respect of the years 1976-77 and 1977-78, to each of its workmen, who in the years in question had been in its employment for a continuous period of not less than 90 days, bonus for each of the 2 years, equivalent to wages for 35 days, in addition to the wages payable to such workman. The said order has been made by the learned Labour Court on 2 separate applications, both under section 34, 1.R.0., one for the enforcement of payment of bonus under clause (1) of Standing Order 10-C for the year 1976-77 and the other for the enforcement of payment of bonus for the year 1977-78. 2. Statutory bonus under Standing Order LO-C is only paid for the year in which the employer makes a profit. Furthermore, not only is the payment of bonus limited to the workmen who have been in the continuous employment of the employer in that year for a period of not less than 90 days, but further the amount of bonus to be paid has to be in accordance with the provisions of clauses (2) and (3) of Standing Order 10-C. In simple words, if the amount of the profit earned during the year is equal to or exceeds 4 times the aggregate of one month's wages of the workmen, the amount of bonus shall not be less than the aggregate of such wages, but if the profit earned by the employer during the year is less than 4 times the aggregate of one month's wages of the workmen, the bonus payable to the workmen…
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