226 of 1958.
The reference in respect of the year 1957 58 was made on July 23, 1959 and numbered as Case No.
Similarly, the reference in respect of the year 1958 59 was made on August 25, 1960 and numbered as Case No.
The Tribunal after hearing the companytentions of the appellant and the State has held in the award itself that the bonus claim is to be met only by the companypany and number by the State Government.
46,38,788.
It is on the basis of this finding in the award that ultimately the appellant has been made liable to pay the additional bonus for the years in question.
Whether the workmen are entitled to any additional bonus for the year ended 30th June, 1959, in excess of one months basic wages paid by the companypany.
All the references were dealt with together.
After the references were made by the State Government, the Oriental Gas Company Act, 1960 received the assent of the President on October 1, 1960.
In companysequence the questions that the Tribunal had to companysider were Whether the workmen are entitled to any additional bonus for the year ended 30th June, 1957.
Though there is a companymon award for all the three years, as there were three references for three separate years, three appeals have been filed in respect of the directions given for each year.
According to the appellant, under the said Act, its under taking had been acquired by the Government and hence the liability to pay bonus, if any, in respect of the years, for which references had been made, is that of the State Government and number of the appellant.
For this purpose the companypany filed an application before the Tribunal for impleading the State of West Bengal as a party to the proceedings.
After issuing of numberice to the State Government, and after hearing the companynsel for the State, the Tribunal passed order on July 16, 1962 impleading the State Government as a party.
Parties were also agreed as to the gross profit on the basis of the profit and loss account of each year.
The State Government also filed in due companyrse a written statement pleading that it has numberliability whatsoever to meet the claim for bonus and that the payment, if any, will have to be made, according to the award, only by the appellant company.
Both the companypany and the two unions, representating the workmen, filed calculations of available surplus in terms of the said formula.
1,85,551 as return at 4 on reserves used as working capital in the sum of Rs.
The appellant in these appeals has number impleaded the State Government as a party and, therefore, it is number necessary for this Court to companysider the companyrectness or otherwise of the findings recorded in the award that the Government has numberliability whatsoever in respect of the claim for bonus in these matters.
Whether the workers are entitled to any additional bonus for the year ended 30th June, 1958 in excess of one months basic wages paid by the companypany.
The companypanys calculations for available surplus for the three years were as follows Calculation of available surplus 1956 57 Rs.
421 of I960.
124 of 1959.
The reference in respect of the year 1956 57 was made on November 17, 1958, and numbered as Case No.
A. Vaidialingam, J. These three appeals, by special leave, are directed against the award dated July 22, 1966 of the Fifth Industrial Tribunal, West Bengal, directing the appellant company to pay two months wages or l/3rd of the available surplus, whichever is higher, as additional bonus for the years 1956 57, 1957 58 and 1958 59.
