Appeal by special leave from the award dated April 18, 1960, of the Third Industrial, Tribunal west Bengal, in case No.
359 of 1961.
As to the alternative case of customary bonus, the appellant companytended that this bonus had numberconnection with any festival and was paid after the state of profits earned by the appellant was known and therefore companyld number be demanded as a customary bonus.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
VIII 153 of 1959.
Sen, Sukumar Ghose and B. N. Ghosh, for the appellant.
It was urged further that the very fact that this bonus was paid after the accounts for the year were made up and the profit ascertained showed that it was a bonus depending upon profits the circumstance that it was paid at a uniform rate for sometime was only fortuitous, particularly as the appellant had increased the Puja bonus as its profits increased in order to help the workmen at festival time.
The appellant is a companypany carrying on business in Calcutta and the dispute relates to closing bonus for the year 1958.
The Judgment of the companyrt was delivered by WANCHOO, J. This appeal by special leave arises out of a question of bonus referred by the Government of West Bengal to the Third Industrial Tribunal.
N. Mukherjee, for the respondent No.1.
March 5.
