the appellant companypanies 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.
this will be silver jubilee year payment.
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 said dispute was ultimately settled before the companyciliation 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 .
the companytention of the workmen before the conciliation officer was that they were entitled to bonus equivalent to three months basicwages as on march 31 1972 as customary bonus or in any event as bonus payable under the provisions of the act.
the tribunal allowed the parties to adduce evidence.
from the award dated 8.5.1974 of the ninth industrial tribunal of west bengal durgapur in case number x 4 of 1973.
a sum of rs.20000 will be distributed equally among all workmen who were on the rolls on 15.8.1972 and have worked for at least 30 days.
it is the legality of this award that is under challenge in this appeal.
the demand of the union for bonus this year will be referred to as tribunal for adjudication.
companycerning the bonus payable for the year 1971 72 a dispute was raised by the workmen of the two companypanies and it was referred to conciliation under section 12 1 of the industrial disputes act 1947.
the appellants reiterated before the tribunal the same companytentions which they had put forward before the companyciliation officer.
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.
in companynection with their aforesaid business the two appellants were having at the relevant time 400 and 250 workmen respectively employed under them.
rest of workmen will be paid bonus under the payment of bonus act.
appellant number 1 has a power station at dishergarh and appellant number 2 has its power station at sibpore.
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 .
shankar gkosh and d.n.
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.
civil appellate jurisdiction civil appeal number 1935 nl of 1974.
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.
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.
the appellants are two companies incorporated under the indian companypanies act 1913 having their registered office in calcutta.
the judgment of the companyrt was delivered by 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 number x 4 of 1973 on its file.
the payment should be made by 12.10.1971 eligible workmen under terms 1 of this settlement permanent and probationers.
gupta for the appellants.
k. nandy for the respondents.
