K. Sengodan v. Labour Court, Coimbatore, And Another

1. The petitioner filed Claim Petition No. 77 of 1978 before the Labour Court, Coimbatore, and application under S. 33-C(2) of the Industrial Disputes Act for computation of the amount due to the petitioner in a sum of Rs. 29,994-65 stating that against the order of dismissal from service, he filed writ appeal which was allowed and he was ordered to be reinstated in service, and, therefore, he is entitled to the above sum towards back-wages. The petitioner also filed Claim Petition No. 58 of 1979 under S. 33-C(2) of the Industrial Disputes Act praying for payment of a sum of Rs. 3454-55 towards increment and other benefits and some other incidental benefits.

2. The claim in Claim Petition No. 77 of 1978 included the claim towards bonus for the period during which he was under involuntary unemployment due to the order of dismissal. However, the Labour Court, Coimbatore, passed orders in Claim Petition No. 77 of 1978 computing only a sum of Rs. 26,275-65 as due to the petitioner and did not include the claim towards bonus. Claim Petition No. 58 of 1979 was also partly allowed.

3. In this writ petition the prayer is to quash the order made in Claim Petitions Nos. 77 of 1978 and 58 of 1979 in so far as it relates to the rejection of the claim of the petitioner for bonus.

4. The claim of bonus was rejected by the Labour Court on the ground that after the coming into force of the Payment of Bonus Act, any claim relating to bonus should be raised only before the appropriate authority constituted for that purpose under that Act.

5. Learned counsel for the petitioner would submit that taking the clue from the orders of the Labour Court, the petitioner filed the necessary application before the appropriate authority constituted under the Payment of Bonus Act, but that authority has chosen to reject the claim stating that the proper remedy for the petitioner is to file an application under S. 33-C(2) of the Industrial Disputes Act. Thus the petitioner did not obtain relief either under S. 33-C(2) of the Industrial Disputes Act or under the Payment of Bonus Act.

6. Learned counsel for the petitioner relies on the decision of this Court in Superintending Engineer, Vellore Electricity System v. K. Palani, [1972 — I L.L.J 15], wherein it was held that even after the coming into force of the Payment of Bonus Act, 1965, where a workman claims bonus for the period of involuntary unemployment, i.e, from the date of his dismissal till the date of reinstatement by filing a petition under S. 33-C(2) of the Industrial Disputes Act, the concerned worker is entitled to claim bonus for that period under S. 33-C(2) of the Industrial Disputes Act. Therefore, it is obvious that the order passed by the Labour Court in the instant case, directing the petitioner to approach the Appropriate Authority under the Payment of Bonus Act cannot be sustained and the claim of the petitioner for payment of bonus could still be agitated and decided in a proceeding under S. 33-C(2) of the Industrial Disputes Act. In the instant case the Labour Court, Coimbatore, has not adjudicated upon this issue, but directed the petitioner to approach the Appropriate Authority under the Payment of Bonus Act. That portion of the award of the Labour Court made in Claim Petition No. 77 of 1978 and Claim Petition No. 58 of 1989 is, therefore, quashed. The said claim petition shall stand restored to the file of the Labour Court, Coimbatore, and, on such restoration, it shall be heard and decided only in respect of petitioner's involuntary unemployment. The restored claim petitions shall be heard and disposed of on or before 30 September, 1991.

7. This writ petition shall stand ordered accordingly. No costs.