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february 1961

Supreme Court of India · 1961-02-01

THE BURMAH-SHELL REFINERIES LIMITED vs THEIR WORKMEN.

Citation / case number
SC 1959/128
Court
Supreme Court of India
Petitioner
THE BURMAH-SHELL REFINERIES LIMITED
Respondent
THEIR WORKMEN.
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court held that the payment of bonus to clerical staff must be based on the overall contribution of workmen to the company's profits, as established in Burn and Co., Calcutta v. Their Employees [1956] S.C.R. 781 and Baroda Borough Municipality v. Its Workmen [1957] S.C.R. 33. The Court ruled that it is unreasonable to pay clerical staff a lower rate of bonus than labor staff without a valid justification, affirming the Industrial Tribunal's decision to award a bonus of 9/24ths of basic wages to clerical staff for 1956. The Court emphasized the discretion of Industrial Tribunals in such matters, provided it is not exercised arbitrarily.

THE BURMAH-SHELL REFINERIES LIMITED vs THEIR WORKMEN. · Niyam