The case of the appellants was that they were entitled to bonus as a companydition of service irrespective of profit or loss on the following scale I Clerical staff.
Appeal by special leave from the Award dated June 3, 1957, of the Second Industrial Tribunal, West Bengal.
121 of 1959.
There was a dispute between the workmen of B. N. Elias Co. Ltd. hereinafter called the appellants and their employers, B. N. Elias and Co. Ltd. and others hereinafter called the respondents with respect to bonus for the years 1954, 1955 and 1956.
Consequently, a dispute was raised which was referred by the Government of West Bengal in May 1956.
The Judgment of the Court was delivered by WANCHOO, J. This appeal by special leave raises the question of bonus.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
C. Chatterjee, D. L. Sen Gupta and Dipak Datta Choudhri, for the appellants.
Thereupon a companysolidated reference was made by the Government of West Bengal in September 1956 with respect to all the three years, i. e., 1954, 1955 and 1956, to the same tribunal.
K. Daphtary, Solicitor General of India, H. N. Sanyal, Additional Solicitor General of India and S. N. Mukherjee, for the respondents.
Later as there were some disputes between the appellants and the respondents, the respondents wanted to stop the payment of bonus from 1953, though something less was paid that year in 1954 the amount of bonus was further reduced.
Subsequently another dispute was raised with respect to the bonus for the years 1955 and 1956 and this time it was claimed as a customary bonus or as a companydition of service payable at regular intervals of four months and at a uniform rate.
March 24.
