Bhuleshwar Swadeshi Mart, Bombay vs Its Workmen

This is a reference under S. 10(1)(d) of the Industrial Disputes Act, 14 of 1947, for adjudication of a dispute between the Bhuleshwar Swadeshi Mart, Bombay, and the workmen employed under it, which arises out of a demand by the workmen for bonus according to the recommendations of the Bonus Commission for the years 1963 and 1964.

On behalf of the company a preliminary objection was raised that as less than twenty employees are employed in this concern, therefore the Bonus Act will not be applicable to it. The company examined one witness, Sri Mohanlal Hiralal Shah, who is the proprietor. Sri Gole did not produce any rebutting evidence and stated that the union does not deny that the number of workers is less than twenty. Under S. 1(3) the Payment of Bonus Act will apply to every factory and other establishments in which twenty or more persons are employed. This is not a factory and it does not employ more than twenty persons. The Payment of Bonus Act is not applicable to it. Sri Gole contends that if the Act does not apply, then the bonus formula or the recommendations of the Bonus Commission would apply for the application of neither of which it is necessary that the concern should employ twenty or more workmen. I do not agree. Once the Act is passed about a certain matter, no other law will apply unless expressly saved by any provisions of the Act. The Act covers the entire field of bonus payments in the industry. If it expressly confines the obligation of paying the bonus within a certain limit, that limit must be respected. The units it has exempted cannot be made to pay bonus under any other law or enactment. It cannot be said that to these units the law in existence prior to the coming into force of the Act would apply. I therefore reject the demand and the reference stands disposed of.