A sum of Rs.
It is the legality of this award that is under challenge in this appeal.
Concerning the bonus payable for the year 1971 72, a dispute was raised by the workmen of the two companypanies and it was referred to companyciliation under Section 12 1 of the Industrial Disputes Act, 1947.
The appellant companies, on the other hand, companytended that the workmen were entitled to only minimum bonus as provided under the Act on a companyputation being made in the manner laid in the said Act.
Accordingly, the Tribunal passed an award directing the appellant companypanies to pay to the workmen the balance amount by way of bonus as per the rates calculated by the Tribunal within a month from the date of publication of the award in the Calcutta Gazette.
It was further found by the Tribunal that the plea put forward by the appellant companypanies that there was numberavailable surplus during the year in question and that only the minimum bonus was payable under the provisions of the Act had to be upheld.
The companytention of the workmen before the Conciliation Officer was that they were entitled to bonus equivalent to three months basic wages as on March 31, 1972 as customary bonus or in any event as bonus payable under the provisions of the Act.
This will be Silver Jubilee Year payment.
2 has its power station at Sibpore.
X 4 of 1973 on its file.
For the years 1965 66 to 1970 71 inclusive bonus was paid to the workmen on the basis of agreements entered into each year under Section 34 3 of the Payment of Bonus Act, 1965 hereinafter referred to as the Act .
The issue was accordingly referred by the Government of West Bengal for adjudication to the Ninth Industrial Tribunal of West Bengal by an order of reference dated January 15, 1973.
The said dispute was ultimately settled before the Conciliation Officer inter alia on the following terms Subject to usual adjustments made in 1969 70 and 1970 71, each eligible workmen will be paid an amount equal to three months basic wages as on 31.3.1970.
Appellant No.
The Tribunal allowed the parties to adduce evidence.
Although the said settlement was an agreement under Section 34 3 of the Act since under its very terms as incorporated in Clause 3 , the parties had stipulated for a reference of the question for adjudication by a Tribunal.
Rest of workmen will be paid bonus under the Payment of Bonus Act.
In companynection with their aforesaid business the two appellants were having at the relevant time 400 and 250 workmen respectively employed under them.
Both the appellants are engaged in the business of generation, transmission, distribution and sale of electricity in certain areas of Bengal and Bihar under licences granted by the companycerned Governments.
The payment should be made by 12.10.1971.
After a detailed discussion of the evidence produced before it, the Tribunal recorded a clear finding that the workmen had failed to make out the claim of customary bonus put forward by them and that the said plea had therefore to fail.
Eligible workmen under terms 1 of this settlement Permanent and probationers.
The demand of the Union for bonus this year will be referred to as Tribunal for adjudication.
The appellants are two companypanies incorporated under the Indian Companies Act, 1913 having their registered office in Calcutta.
20,000 will be distributed equally among all workmen who were on the rolls on 15.8.1972 and have worked for at least 30 days.
1 has a power station at Dishergarh and Appellant No.
Balakrishna Eradi, J. This appeal by Special Leave has been preferred against the Award dated May 8, 1974 made by the Ninth Industrial Tribunal of West Bengal, Durgapur in Case No.
