Mysore Kirloskar Limited Vs. Workers of
The Mysore Kirloskar Limited  INSC 320 (15 November 1961)
Industrial Dispute-Bonus-Income Tax
deductions-Method of calculation-Working Capital- Return, if could include
borrowed or deposit amount on which company was paying interest-
Rehabilitation-Evidence as to the prior charges not led, if could be led for
Held, that in consonance with the decision in
the Associated Companies Ltd's case the income-tax deduction must be calculated
on the amount which represents the balance after deducting the full statutory
depreciation allowed from the gross profit.
Held, further that the rate allowed for
return on working capital is to 2 to 4% which is at the discretion of the
Tribunal and the Supreme Court usually will not interfere with the discretion
exercised by the Tribunal in a particular case.
Held, further that for the purpose of returns
on working capital, the working capital cannot include a sum which was either borrowed
or was in deposit with the company on which the company was paying interest.
The company cannot claim further interest on the borrowed amount which has been
used as working capital, for it has already paid interest on it to those from
whom it was borrowed and this has been taken into account as expense in
arriving at the gross profit. Where borrowed money is used as working capital
there is no question of giving any further return on this borrowed money.
The return on reserves used as working capital
can only be given on moneys belonging to the company which are used as working
Held, also, that where there is a dispute
with regard to the claim for bonus by the workmen for a particular year and the
fact that no evidence as to rehabilitation was led in that particular year will
not preclude the company from leading evidence as to the amount which should be
allowed to it as prior charges on account of rehabilitation, in any subsequent
dispute as to bonus relating to subsequent years.
The Associated Cement Companies Ltd. v. Its
CIVIL APPELLATE JURISDICTION : Civil Appeal
No. 233 of 1960.
Appeal by special leave from the award dated
September 29, 1958, of the Industrial Tribunal, Mysore, in Reference (I.T.) No.
21 of 1957.
M. C. Setalvad, Attorney-General for India,
S. L. Narasimha Murthy and I. N. Shroff, for the appellant.
Janardan Sharma, for respondent No. 1.
1961. November 15. The Judgment of the Court
was delivered by WANCHOO, J.-This is an appeal by special leave in an industrial
matter. There was a dispute between the appellant and its workmen as to bonus
for the year 1954-55. This dispute was referred by the Government of Mysore
under the Industrial Disputes Act No. XIV of 1947) to a tribunal for
adjudication. A number of objections were raised by the appellant before the
tribunal; but we are not concerned with them, as the law with respect to profit
bonus has been settled by this Court in the Associated Cement Companies Ltd. v.
Its workmen(1). The only points urged on behalf of the appellant by the learned
Attorney-General are with respect to the amount of income-tax, return on
working capital and provision for rehabilitation in connection with the
calculations made by the tribunal. We shall therefore confine ourselves to the
three points which have been raised before us on behalf of the appellant.
The tribunal allowed Rs. 1.67 lacs for
income-tax. The contention of the appellant is that this is incorrect in view
of the decision of this Court in the Associated Cement Companies Ltd.
It appears that the gross profits of the
appellant were Rs. 9.46 lacs, while the full statutory depreciation allowed to
the appellant for the year in dispute was Rs. 4.30 lacs. Thus income-tax should
have been deducted 377 on the sum of Rs. 5.16 lacs at seven annas in the rupee,
which was the rate prevalent in the relevant year. This amount comes to Rs.
2.25 lacks. The contention of the appellant in this behalf is in our opinion
correct and the calculation made by the tribunal will have to be modified
The next question is about return on working
capital. The dispute is both as to the rate of return and the amount on which
it should be allowed. The tribunal has allowed three per cent on working
capital. The appellant contends that the tribunal should have allowed four per
cent. As was pointed out in the Associated Cement Companies' case the rate
allowed by tribunals on working capital is between two to four per cent.
In the present case the tribunal has allowed
three per cent. We do not think that there is any reason for us to interfere
with the discretion of the tribunal in this matter though it is true that the
recent trend of tribunals is to allow four per cent return on working capital.
Turning now to the amount of working capital
on which return should have been allowed, the appellant originally claimed that
the amount used as working capital was Rs. 43.85 lacs. Latter however, a
revised statement was put in and the amount was reduced to Rs. 36.70 lacs. The
tribunal has however calculated the working capital used in the business as Rs.
7.85 lacs. The main reason why the tribunal arrived at this figure was that it
held that the amount in the depreciation reserve could not be treated as
reserve used as working capital on which a return was admissible. It therefore
excluded out of consideration the entire amount in the depreciation reserve
which was Rs.
36.24 lacs in considering what sum had been
used as working capital. This view of the tribunal is clearly incorrect in view
of this Court's decision in The Tata Oil Mills Co. Ltd. v. Its Workmen. (2) In
that case it was pointed out that- 378 "a return is allowed on the
reserves used as working capital on the ground that if these reserves are not
used for this purpose, the concern would have to borrow money and pay interest
on that. This being the basis on which a return on reserves used as working
capital is allowed, there is no reason why, if there is in fact money available
in the depreciation reserve and if that money is actually used during the year
as working capital a return should not be allowed on such money also." The
same view was taken by this Court in Petlad Turkey Red Dye Works Ltd. v. Dyes
and Chemical Workers' Union, where it was emphasised that the balance-sheet did
not by itself prove the fact of utilisation of reserve as working capital and
the law required that such an important fact as the utilisation of a portion of
the reserve as working capital had to be proved by the employer by evidence
given on affidavit or otherwise and after giving an opportunity to the workmen
to contest the correctness of such evidence by cross- examination. Therefore
the tribunal in this case was not right in excluding the amount in the
depreciation reserve altogether from consideration on the ground that it was a
reserve for depreciation.
This brings us to the question as to what
amount was actually used as working capital out of the reserve in the relevant
year. On that point there was the evidence of Shri M. S. Vartak who was the
Secretary of the Appellant company. That evidence as to utilisation of the
reserve as working capital was accepted by the tribunal. The statement of Shri
Vartak shows that the amount shown in the revised calculations as to the
working capital was actually used as working capital during the year. Thus,
according to this statement, Rs. 36.70 lacs were used as working capital and
the appellant 379 claims return on that amount. It may be accepted that the sum
of Rs. 36.70 lacs was used as working capital by the appellant during the year;
but we are of opinion that the appellant is not entitled to a return on this
entire amount, for the reason that this amount includes a sum of Rs. 14.56 lacs
which was either borrowed by the appellant or was in deposit with it, on which
the appellant was paying interest. The appellant therefore cannot claim further
interest on this borrowed amount which has been used as working capital, for it
has already paid interest on it to those from whom it was borrowed and this has
been taken into account as expense in arriving at the gross profits. As was
pointed out in The Tata Oil Mills Co.s' case, the basis for giving a return on
reserves used as working capital is that otherwise money would have to be
borrowed for that purpose. Where borrowed money is used as working capital
there is no question of giving any further return on this borrowed money. The
return on reserves used at working capital can only be given on moneys
belonging to the company which are used as working capital. Therefore, though
Rs. 36.70 lacs might have actually been used as working capital in the relevant
year, Rs. 14.56 lacs were borrowed money on which interest was paid. There is
no question therefore of any further return on this amount as prior charge.
Thus the amount on which the appellant is entitled to the return on working
capital as a prior charge is Rs. 36.70 lacs minus Rs. 14.56 lacs, i.e. Rs.
22.14 lacs. The return on this amount at three per cent comes to .66 lacs and
the calculations made by the tribunal would have to be corrected accordingly.
Turning now to the claim for rehabilitation
it is enough to say that no evidence as to rehabilitation was led in this case.
It may be that this was because the appellant expected that the claim it was
making on other items of prior charges would be sufficient to resist the claim
for further bonus besides one 380 month's bonus already paid. The learned
Attorney- General therefore submitted that the case might be remanded to enable
the appellant to lead evidence on the question of rehabilitation. The dispute
relates to the year 1954-55 and we think it is too late now to make a remand in
order to determine this question. We should however like to make it clear that
the fact that no evidence as to rehabilitation was led in this year will not
preclude the appellant from leading evidence as to the amount which should be
allowed to it as prior charge on account of rehabilitation, in any subsequent
dispute as to bonus relating to subsequent years. In the present case, however,
it is not possible to allow any amount for rehabilitation as a prior charge.
The final calculations therefore after the
corrections made by us are as below:
In Lacs -------- Gross Profits Rs. 9.46
Deduct-National normal depreciation... 3.32 -------- Balance 6.14
Deduct-income-tax 2.25 -------- Balance 3.89 Deduct-return on paid up capital
1.33 -------- Balance 2.56 Deduct-return on working capital at 3% .66 --------
Available surplus 1.90 -------- The available surplus therefore for this year
must be held to be Rs. 1.90 lacs roughly. One month's wages come to roughly Rs.
.64 lacs. It seems to us therefore that it will be fair to allow 1 1/2 months'
wages as bonus for this year, which would come to about Rs. .96 lacs. The
appellant will get some rebate on that from the income-tax 381 department. We
are therefore of opinion that the workmen are entitled to an additional bonus
for half a month for this year.
We therefore partly allow the appeal and
reduce the additional bonus from one month to half a month. In the circumstance
we order the parties to bear their own costs.