Law:

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(a) Bonus-Computing profit for purpose of awarding bonus- Amount spent in payment of salaries, wages and other incidental charges cannot be overlooked-Company sustaining overall loss--Workers not entitled to bonus. JUDGMENT FAZLE AKBAR, J.-This appeal by special leave is directed against an Award made by the Industrial Tribunal at Karachi upon a reference by the Central Government of an industrial dispute found to exist between the appellant Saifee Development Corporation Ltd., Karachi, and the Workers' Union, known as Transport and Factories Employees' Union, Karachi. The findings appealed from cover three demands which relate to payment of bonus, reinstatement of certain workers and payment of compensation to the workers for the period of layoff which were dealt with under the following issues :- "(1) Whether the Management's action in continuing the lay-off of the 98 workmen from 18th June, 1957, which originated as a result of breakage of their machinery, is justified ? If the answer is in the negative, should the workers be re-instated ? What compensation, if any, are they entitled to receive from the date of the lay-off to the date of reinstatement ? (2) Whether the workmen are entitled to bonus for the financial year 1956 and, if so, at what rate ? (3) Whether the action of the Management in terminating the services of four workmen was justified ? The Award of the Tribunal is as follows Issue No. 1 :-The workers should get one-fourth of the total amount of wages payble to them for the period starting from the day of the lay-off till the date of reinstatement. Issue No. 2 :-The workers to get bonus for the year 1.956 equivalent to one month of their wages for the period ending 1956. Issue No. 3 :-Three out of four dismissed workers, namely, Ghulam Geelani, Shireen and Ghulam Habib should be reinstated to the Jerry-can Department and they should receive their wages at the rate mentioned in the Award for the period starting from the date of discharge till their reinstatement. Mr. Fakhruddin G. Ebrahim, the learned advocate for Saifee Development Corporation Ltd., (hereinafter referred to as the Management), has accepted before us the correctness of the…

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