Their claim was based on Section 8 of the Act which lays down that every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this Act, provided he has worked in the establishment for number less than thirty working days in that year.
The respondents carried the matter in a writ petition before the Bombay High Court.
They also relied on Section 11 of the said Act.
It is number in dispute that Payment of Bonus Act, 1965 hereinafter to be referred to as the Act applies to the appellant companycern and its workmen Two trade unions i.e. Respondent Nos.
Consequently, the workmen were number entitled to any bonus exceeding 4 per cent which was minimum statutory bonus payable under Section 10 as it stood during the relevant accounting years, irrespective of the fact whether any allocable surplus resulted for the relevant years or number and companysequently the reference was decided against the respondents.
The Tribunal after hearing the parties came to the companyclusion that after effecting relevant deductions on various items which the appellant Board sought to get deducted from the gross profits for the relevant years, numberallocable surplus for the relevant years resulted.
This dispute was referred for adjudication to the Tribunal.
1 2 on behalf of workmen of the appellant raised an industrial dispute pertaining to number payment of appropriate statutory bonus to their members for the aforesaid relevant years as according to them, allocable surplus with the Board for these years was sufficient to make available to the workmen more than 4 per cent bonus.
