case be less than an
amount equivalent to 4.8% of basic wages earned during the
year; nor was it to exceed an amount equivalent ... wages, i.e., the minimum
bonus prescribed under the pact, would come to an average
total wages for 5 days; and 3 months' basic
Basic " in
all such cases is what is normally allowable to all-
irrespective
495
of special claims. The phrase "I basic wages ... addition to basic
wages. Can it be reasonably said that even such "incentive
wage" though not forming part of basic wage
SC1263 (9)
ACT:
Industrial Dispute-Minimum basic wage fixed by Tribunal-
Modification by Labour Appellate Tribunal according to
statutory notification issued two years after ... Tribunal for adjudication. The first Tribunal could not fix
any minimum basic wage and the award of the second Tribunal
which fixed a scale
explained.
(3) that for the year 1956 one month's basic wage should be
paid as Puja bonus to the subordinate staff ... basic pay as bonus in August,
1 month's basic pay as bonus in December.
II--Subordinate staff.
1 month's basic wages
appellant paid a sum equiva-
lent to 3 months basic wages as bonus to its monthly paid
clerical staff. These employees raised an industrial
dispute ... claiming an additional bonus equal to 7 months basic
wages. The Industrial Tribunal to which the dispute was
referred awarded additional bonus equal
Kamgar Union at the following rates:
Monthly-rated Employees.
Employees whose basic wages are
between Rs. 25 and Rs. 50 .. Rs. 45
Employees whose basic ... between Rs. 51 and Rs. 100 .. Rs. 55
Employees whose basic wages are
between Rs. 101 and Rs. 150 .. Rs. 62
Employees whose basic wages
production to which
the workmen agreed. The Tribunal granted five months basic
wages by way of bonus on the basis of the Full Bench formula ... that
the Tribunal had jurisdiction to award five months' basic
wages by way of bonus.
For the purpose of the Full Bench formula
following lines:-
(1) In the case of One month's basic wages and
death while in average Dearness Allow-
service or becom- ance ... amounts involved. The scheme framed is by reference to the
basic wages. This position is not disputed. The other
material point which deserves
respondents bonus for the relevant year amounting to four months' basic wages. Against this award the respondents preferred an appeal before the Labour Appellate ... plea and increased the amount of bonus from four months' basic wages to eight months' basic wages. It is against this increased award
bonus it had in fact voluntarily paid
two months' basic wages by way of bonus to the respondents.
The respondents, however, claimed additional bonus ... held that the appellant was liable to pay two months'
basic wages as additional bonus to
71
the respondents. This award was passed