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The Management of the Orissa Transport Co. Ltd. Vs. the Workmen and anr. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal Nos. 2610 of 1969 and No. 1138 of 1970
Judge
Reported inAIR1976SC2224; 1976LabIC1628; (1976)1SCC813; 1976(8)LC72(SC)
ActsPayment of Bonus Act - Sections 20
AppellantThe Management of the Orissa Transport Co. Ltd.;The Workmen Represented by the Orissa Motor Transpor
RespondentThe Workmen and anr.;The Management of Orissa Transport Co. Ltd. and anr.
Excerpt:
- indian evidence act, 1872 section 3: [dr. arijit pasayat & dr. mukundakam sharma, jj] circumstantial evidence held, where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person......have entered into a settlement and it is agreed that for each of the years 1963-64 and 1964-65 the bonus payable by orissa road transport co. ltd. to its employees would be equal to two months' wages. the company would be entitled to deduct out of the bonus payable the amount already paid as advance bonus and shall pay the balance within two months from today. it is also agreed that the question as to whether section 20 of the payment of bonus act is applicable to the above mentioned, company shall remain open and may be agitated in the references which are now pending before the tribunal for the years subsequent to 1964-65. the settlement in respect of payment of bonus for the year 1964-65 will not involve by implication a decision on the point that the above mentioned company is.....
Judgment:

1. At the hearing of the appeals, the parties have entered into a settlement and it is agreed that for each of the years 1963-64 and 1964-65 the bonus payable by Orissa Road Transport Co. Ltd. to its employees would be equal to two months' wages. The company would be entitled to deduct out of the bonus payable the amount already paid as advance bonus and shall pay the balance within two months from today. It is also agreed that the question as to whether Section 20 of the Payment of Bonus Act is applicable to the above mentioned, company shall remain open and may be agitated in the references which are now pending before the Tribunal for the years subsequent to 1964-65. The settlement in respect of payment of bonus for the year 1964-65 will not involve by implication a decision on the point that the above mentioned company is governed by Section 20 of the payment of Bonus Act. The appeals are accordingly disposed of in the above terms. The parties will bear their own costs throughout.


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