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february 1960

Supreme Court of India · 1960-02-03

PETLAD TURKEY RED DYE WORKS LTD. vs DYES & CHEMICAL WORKERS' UNION,PETLAD & ANR.

Citation / case number
SC 1958/41
Court
Supreme Court of India
Petitioner
PETLAD TURKEY RED DYE WORKS LTD.
Respondent
DYES & CHEMICAL WORKERS' UNION,PETLAD & ANR.
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court held that any portion of a reserve fund utilized as working capital should be entitled to a reasonable rate of return, which can be deducted as a prior charge in determining the available surplus for bonus calculations. The Court clarified that the balance sheet alone does not prove the utilization of the reserve as working capital; the employer must provide evidence to substantiate this claim. The Industrial Tribunal's disallowance of interest on the depreciation fund was thus incorrect, and the appeal was allowed.

PETLAD TURKEY RED DYE WORKS LTD. vs DYES & CHEMICAL WORKERS' UNION,PETLAD & ANR. · Niyam