SCA/5101/1998 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5101 of 1998 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the Civil Judge? ========================================================= RAYON MAZDOOR SANGH - Petitioner(s) Versus INDIAN RAYON AND INDUSTRIES LTD. - Respondent(s) ========================================================= Appearance : MR DG CHAUHAN for Petitioner(s) : 1, MR RM CHHAYA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/05/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the Constitution of India, the petitioner – Rayon Mazdoor Sangh, has prayed for an appropriate writ, direction and/or order quashing and setting aside SCA/5101/1998 2/3 JUDGMENT common award of Industrial Tribunal, Rajkot dated 22.01.1998 in Reference (ITR), No.14 of 1985 and Reference (ITR) No.90 of 1985 by which the Industrial Tribunal has rejected the prayer of the petitioner – Union to pay 20% bonus for the period between 1982- 1983 and 1983 – 1984. 2. The petitioner herein – Union raised industrial dispute claiming bonus at the rate of 20% for the financial year 1982-83 and 1983-84. Evidence were adduced before the Industrial Tribunal inclusive of financial position etc. and considering the same, the learned Industrial Tribunal dismissed the References by holding that looking to the financial position, the prayer of the petitioner – Union for bonus for the aforesaid financial years were not justified and accordingly, dismissed both the References. 3. Mr.D.G.Chauhan, learned Advocate appearing on behalf of the petitioner has tried to assail the judgment and award passed by the Industrial Tribunal in the aforesaid References. However, he is not in a position to establish before this Court that the SCA/5101/1998 3/3 JUDGMENT findings of the Industrial Tribunal is in any way perverse and / or contrary to the evidence on record. On appreciation of the evidence and considering various aspects inclusive of financial aspects etc, the learned Industrial Tribunal rejected the References applications and negatived the prayer of the Union for 20% bonus for the financial year 1982- 83 and 1983 -84. This being a petition under Article 227 of the Constitution of India and as the findings of the Industrial Tribunal cannot be said to be in any way perverse and contrary to the evidence on record and same is based on appreciation of evidence, therefore, same is not required to be interfered with by this Court in a petition under Article 227 of the Constitution of India. Hence, the petition deserves dismissal. 4. For the reasons stated above, the petition fails and is accordingly dismissed. Rule discharged. However, in the facts and circumstances of the case, there shall be no order as to costs. [M.R.Shah,J.] satish