28 March 1958
Supreme Court
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WORKMEN OF ASSAM CO. Vs ASSAM CO. LTD.


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PETITIONER: WORKMEN OF ASSAM CO.

       Vs.

RESPONDENT: ASSAM CO.  LTD.

DATE OF JUDGMENT: 28/03/1958

BENCH:

ACT:        Industrial Dispute-Bonus-Formula applicable to tea industry-        Deductions allowable for return on capital and on reserves-"        Unit Scheme " of Payment of bonus, if suitable.

HEADNOTE: The  appellants claimed bonus for the years 1950,  1951  and 1952  at  the  rate  of six months’  wages  per  year.   The Industrial  Tribunal  to  which  the  dispute  was  referred allowed, in calculating the surplus available for payment of bonus,  inter  alia  return on paid up capital  and  on  the reserves  at 7% and 5% respectively and accepted the "  unit scheme  "  of payment of bonus which the  company  had  been following since 1926.  Under this scheme units were credited to each workman taking into consideration the importance  of the job he held, the wages he got and the number of years he had  been employed in that particular job, and each  workman was paid bonus in proportion to the units to his credit.  On appeal the Labour Appellate Tribunal modified the award  and raised the return on the reserves from 5% to 6% : Held, that the formula laid down in Sree Meenakski Mills  v. Their  workmen, ([1958] S.C.R. 878 at 884) for  ascertaining the surplus on the basis of which bonus becomes determinable and distributable could be applied to the tea industry  with suitable adjustments. The  allowing  Of 7% return on capital as  against  6%  held allowable under that formula was justified by the additional risk factors in the tea industry.  The allowing Of 5% return on reserves by the Industrial Tribunal as against 4% allowed by the formula was not unreasonable, it being sufficient  to safeguard the interests of the company.  But the  increasing of this to 6% by the Appellate Tribunal was insupportable in the  absence  of  any  claim  in  the  respondent’s  written statement   for  rehabilitation  or  ,of  any  figures   for determining this amount. The  " unit scheme " was suitable for the payment  of  bonus and would result not only in the fair distribution of  bonus but  would  also  lead to improvement  in  the  quality  and quantity of work.

JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeal No. 34 of 1957. Appeal from the judgment and order dated August 31, 1955, of the  Labour Appellate Tribunal of India, Calcutta in  Appeal Nos.   Cal-187 & Cal-188 of 1954, arising out of  the  Award dated May 15, 1954, of the 328

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Industrial  Tribunal,  Assam  in Reference No.  20  of  1953 published in the Assam Gazette dated June 16, 1954. C.B. Aggarwala and K. P. Gupta for the appelants. P.K.  Goswami,  S.  N. Mukherjee and B. N.  Ghosh,  for  the respondent. 1958.  March 31.  The Judgment of the Court was delivered by KAPUR J.-In this appeal brought by special leave against the order  of  the  labour Appellate  Tribunal,  Calcutta  dated August  31,  1955, the controversy between  the  parties  is confined  to the question of bonus.  The appellants are  the workmen  including members of the Indian staff and  artisans employed  by the respondent, the Assam Co. Ltd.,  a  company incorporated  in  the  United Kingdom and  engaged  in  tea, industry  in  the State of Assam.   The  appellants  claimed bonus  for  the years 1950, 1951 and 1952 at the rate  of  6 months’  wages  per  year.  The respondent  offered  to  the Indian staff excluding the artisans Rs. 51,061 as bonus  for 1950,  Rs.  48,140 for 1951 and Rs. 15,493  for  1952  which works out at 2.3% of the net profit for the year 1950, 3.1 % for the year 1951 and 3.9 % for the year 1952.  This dispute was referred to the Industrial Tribunal by a notification of the Assam Government dated August 27, 1953. The Industrial Tribunal allowed depreciation as given in the company’s balance sheets for the three years and allowed  as return  on the paid up capital and on the reserve 7% and  5% respectively  and held the artisans also to be  entitled  to bonus.   For the purpose of mode of payment  the  Industrial Tribunal accepted the " unit scheme" under which the company had  been paying bonus since the year 1926.  It was  of  the opinion  that  the  scheme was fair and  rational  and  gave incentive to industrial efficiency and to production. Both the appellants and the respondent appealed against this order, the former as to the correctness of 329 the  accounts,  the  amount of the  return  on  capital  and reserves  and  the  " unit scheme " and  again  claimed  six months’  wages  per  year as  bonus.   The  latter  appealed against  the  percentages  allowed on the  capital  and  the reserves  and  claimed  10% and 8% respectively  as  a  fair return.   It  objected  to the  inclusion  of  the  artisans amongst  the  workmen  eligible for bonus and  also  to  the application  of what is known as the Bombay formula  to  Tea industry. The  Labour Appellate Tribunal varied the  Tribunal’s  award and  allowed  depreciation at the rate allowable  under  the Indian  Income Tax Act, confirmed 7% on the paid up  capital but raised the return on the reserves from 5% to 6% in order to  meet the claim of the company for  rehabilitation  which though  not claimed before the Industrial Tribunal, was  put forward  before  it  as a basis for increase  in  return  on reserves.  In this Court the appellants again repeated their objection  to  the  amount of depreciation,  the  return  on capital and on reserves and to the " unit scheme " but  were prepared to confine their claim to two months’ was as bonus. Counsel for the respondent objected to the applicability  of the  formula  to  an industry like the  ’tea  industry,  his contention  being  that  circumstances  and   considerations applicable  to  the  textile industry cannot  apply  to  Tea industry   which,  being  connected  with  agriculture,   is affected  by  various  factors  which  must  be  taken  into consideration  in  the matter of  depreciation,  return  oil capital and return on reserves. The principles on which the ascertainment of the surplus  on the   basis   of  which  bonus  becomes   determinable   and distributable  have  been laid down by this  Court  in  Sree

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Meenakshi Mills v. Their Workmen The formula there laid down is: "   Distributable  surplus  has  to  be  ascertained   after providing  from the gross profits for (1) depreciation,  (2) rehabilitation,  (3)  return at 6 per cent. on the  paid  up capital  (4) return on the working capital at a  lesser  but reasonable rate, and (5) for an estimated amount in  respect of the payment of income-tax." (1)  [1958] S.C.R. 878. 42 330 Under  this  formula  the depreciation  allowable  in  cases arising  under  the Industrial Disputes Act  is  the  normal depreciation  including  shift  depreciation.   We  did  not understand counsel for the respondent to contend that  there was anything in the formula which was wrong in principle but that it had to be adjusted to suit the circumstances of  the Tea industry.  No circumstances, were however, given by  him which would make it unfair to apply the formula nor were any figures or particulars furnished for varying it in regard to depreciation. The  Industrial  Tribunal allowed 7% return  on  capital  as against  6% held allowable under the formula.   Its  reasons for this increase were : That  the tea industry here may have often to  face  various adverse circumstances-more adverse than those that may  come upon  other  industries and may have more risks  than  other industries.  It may however be noted that the company in the instant case-is more than a Century old one faring well  all through  and has thus been so far a prosperous one and on  a sound footing and as such it is expected to have built up  a substantial reserve." The Labour Appellate Tribunal maintained this higher rate of return  on capital on the ground " of its being  exposed  to greater risks than any other industry namely weather,  pests in  the  plants and gradual deterioration of the  soil  over which  no man has any control These additional risk  factors are   no  doubt  present  in  an  industry  connected   with agriculture  like the tea industry and in our  opinion  they justify the giving of a higher rate of return on capital. Instead of 4% allowed by the formula the industrial Tribunal fixed  the  return on reserves at 5% on the  ground  of  its being sufficient to guard the interests of the company but the Labour Appellate Tribunal increased it to     6% to meet replacements  and rehabilitation charges since the  "  usual method  of calculating these charges is not possible in  the present  case " and, " we are to see that the industry  does not. suffer for want of replacement and rehabilitation funds and must  331 provide such funds in some other way, namely, by allowing  a return  on  the working capital at higher rates  ".  In  the absence  of any claim in the respondent’s Written  Statement for  rehabilitation  or  any figures  for  determining  this amount,  this extra one per cent. is insupportable.   It  is not a case where a claim could not be made or figures  could not have been given at the proper stage.  The additional one per  cent. cannot therefore be allowed.  In our opinion  the reasons  given  by  the  Industrial  Tribunal   sufficiently support  the  giving  of 5% on the reserves  as  being  fair considering  the risks of the tea industry which is  exposed to   various  adverse  circumstances  and   elements.    The Industrial  Tribunal  has  not  acted  unreasonably  nor  in disregard  of  any accepted principles  in  calculating  the return  on reserves at 5% and we see no cogent  ’reason  for

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varying this rate. The  respondent  has, since 1926, been paying bonus  to  its employees  according to a scheme called the " unit scheme  " which according to the Industrial Tribunal has the merit  of being  more  rational  and gives  incentive  to  industrious habits  and  efficiency  loading to  more  production.   The Labour Appellate Tribunal did not go into the merits of  the scheme  but  ordered payment according to  it.   Under  this scheme  units  are  credited to each  workman,  taking  into consideration the importance of the job he holds, the  wages he gets and the number of years he has been employed in that particular  job.   The value of units so awarded  thus  vary commensurate   with   considerations   of   efficiency   and experience.   The  establishment  is  divided  into   twelve categories  and the medical staff into three each  based  on the  relative  importance of the nature of work  done  by  a workman.   Thus in the descending order of their  importance the  jobs are classified as: 1. Head Mohori; 2. Head  Clerk; 3.  Divisional Mohori ; 4. Land Mohori; Hazaria  Mohori;  5. Kamjari  Mohori; 6. Godown Mohori; 7. 2nd Tea House  Mohori; 2nd  Kerani;  2nd  Hazaria Mohori;  8.  2nd  Godown  Mohori; 9.Gunti  Mohori;  10. 3rd Tea House Mohori;  11.Mondal;  12. Apprentices. Units would thus be awarded to workmen in the 332 particular  category they are in and the more qualified  the worker  the  better his work and the higher  his  wage,  the higher  the  number of units he would be entitled  to.   The amount available for distribution as bonus is divided by the aggregate  number of units of all the workmen  participating in  the  scheme  and  each worker would  be  entitled  to  a multiple of the amount payable on one unit and the units  to his  credit.   It  appears to us that the  estimate  of  the Industrial Tribunal as to the suitability of the scheme  was fully justified and payment of bonus in accordance with this scheme  will not only result in fair distribution  of  bonus but  would  also  lead to improvement  in  the  quality  and quantity  of work.  This scheme is not to be  confused  with production  bonus though it has the merit of  combining  the fair   distribution  of  the  surplus  available   and   the maintenance of efficiency in the establishment. Taking  the  figures on the basis of the award made  by  the Industrial  Tribunal we find that Rs. 7,64,608 would be  the surplus for the year 1950, Rs. 77,823 for 1951 and a deficit of  Rs. 10 lacs for the year 1952.  The total sum  available for  three  years will be nil.  On the basis  of  the  claim which  counsel for the appellant has made before us, i.  e., two months’ wages, we find that the amount of bonus required for  the members of the staff for the year 1950 will be  one sixth  of Rs. 4,63,095 and for the year 1951, one  sixth  of Rs.  4,83,893 and for 1952 one sixth of Rs.  5,31,202  which works  out to Rs. 77,182 for 1950, Rs. 80,647 for  1951  and Rs. 88,533 for 1952.  The amounts required for the  artisans further   increase   these  figures.   No   doubt   on   the calculations  which  have now been made  the  appellant  may justify the claim of two months’ bonus for the year 1950 but the  same cannot be said in regard to It-)he claim  for  the years  1951 and 1952 because of the available surplus  which is only Rs. 77,823 for 1951 and there is a deficit of  about 10  lacs  of  rupees for the year 1952.   Taking  all  these figures  into consideration, we are of the opinion that  the amounts  awarded  by the Industrial Tribunal  are  fair  and proper.  As the Labour Appellate Tribunal 333 allowed  depreciation  and rehabilitation  on  an  erroneous

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basis, we would set aside the order of the Labour  Appellate Tribunal  and would restore that of the Industrial  Tribunal with  this  modification  that  the  Respondent  shall  make available the additional amount required for payment of  the proportional bonus to the artisans. The appeal is, therefore, allowed to this extent, the  order of the Labour Appellate Tribunal set aside and the award  of the Industrial Tribunal restored with this modification that the  respondent shall also provide an additional amount  for these   three   years  for  payment  to  the   artisans   of proportionate bonus on the basis of the " Unit System ".  As neither  of  the  parties  have  succeeded  in  their   main contentions,  the  fair order in regard to costs  should  be that the parties do bear their respective costs throughout.