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Issues Involved:
1. Entitlement of workers to bonus despite the employer incurring a trading loss. 2. Workers' rights to reserves and undistributed profits from previous years. 3. Applicability of social justice considerations in determining bonus entitlement. Issue-wise Detailed Analysis: 1. Entitlement of workers to bonus despite the employer incurring a trading loss: The primary issue was whether workers are entitled to a bonus when the employer has incurred a trading loss for the year. The Court noted that both the Industrial Court and the Labour Appellate Tribunal found that the appellant suffered a trading loss of Rs. 5,02,563-1-10 in 1949. The Labour Appellate Tribunal, despite acknowledging the trading loss, allowed the appeal based on social justice considerations, directing the appellant to pay the bonus. The Supreme Court, however, emphasized that bonus is not a deferred wage and should not be paid if the industrial concern has resulted in a trading loss. The Court reiterated that dividends and bonuses can only be paid out of profits, and if there are no profits, no bonus should be distributed. This principle was recognized in previous decisions such as Nizam Sugar Factory, Ltd., Hyderabad v. Their Workmen, Textile Mills, Madhya Pradesh v. Their Workmen, and Famous Cine Laboratory v. Their Workmen. The Supreme Court concluded that the Labour Appellate Tribunal's decision to award bonus despite the trading loss was incorrect. 2. Workers' rights to reserves and undistributed profits from previous years: The Court examined whether workers have any right, title, or interest in the reserves and undistributed profits of previous years. It was argued that linking bonus to dividends could lead to complications, as companies might choose not to declare dividends but accumulate profits and distribute them as bonus shares or reduce capital. The Court clarified that workers, not being members of the company, have no right, title, or interest in the reserves or undistributed profits. Even on winding up a company, the property is distributed among members, not employees. The Court emphasized that allowing workers to claim bonus from reserves or undistributed profits would effectively mean granting a second bonus on the same profits, which is not justified. 3. Applicability of social justice considerations in determining bonus entitlement: The Labour Appellate Tribunal had imported considerations of social justice to justify awarding the bonus despite the trading loss. The Supreme Court, however, found these considerations irrelevant and untenable. It stated that social justice is a vague and indeterminate expression and cannot be the basis for such decisions. The Court referred to the Full Bench decision of the Labour Appellate Tribunal in Millowners' Association, Bombay v. Rashtreeya Mill Mazdoor Sangh, Bombay, which established a formula for bonus distribution based on profits after meeting certain charges. The Supreme Court emphasized that this formula was designed to ensure industrial peace and attract investment by balancing the interests of labor and capital. The Court criticized the Labour Appellate Tribunal for not applying its own formula and for overlooking the workers' contribution to the trading loss through indiscipline and strike actions. Conclusion: The Supreme Court reversed the decision of the Labour Appellate Tribunal and restored the decision of the Industrial Court (Textiles and Hosiery), Kanpur. The appeal was allowed with costs, reinforcing that bonus should only be paid out of profits and not from reserves or undistributed profits, and that social justice considerations cannot override established legal principles.
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