1975 INSC 0475
                              The Management of The Orissa Transport Co. Ltd.

                                                           Vs

                                            The Workmen and Another

              The Workmen Represented by the Orissa Motor Transport Employees Union

                                                           Vs

                         The Management of Orissa Transport Co. Ltd. and Another

                           Civil Appeals Nos. 2610 of 1969 and No. 1138 of 1970

                            (H. R. Khanna, P. N. Bhagwati, Syed M. Fazal Ali JJ)

                                                      27.11.1975

                                                     JUDGMENT

KHANNA, J. -

1. At the hearing the appeals, the parties have entered into a settlement and it is agreed that for each
of the years 1963-64 and 1964-65 the bonus payable by Orissa Road Transport Co. Ltd. to its
employees would be equal to two months' wages. The company would be entitled to deduct out of
the bonus payable the amount already paid as advance bonus and shall pay the balance within two
months from today. It is also agreed that the question as to whether Section 20 of the Payment of
Bonus Act is applicable to the above mentioned company shall remain open and may be agitated in
the references which are now pending before the tribunal for the year subsequent to 1964-65. The
settlement in respect of payment of bonus for the year 1964-65 will not involve by implication a
decision on the point that the above mentioned company is governed by Section 20 of the Payment
of Bonus Act. The appeals are accordingly disposed of in the above terms. The parties will bear
their own costs throughout.

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