WASTING HOUSE SAXBY FARMER Vs. WORKMEN

JUDGEMENT

(1.) This appeal, by special leave, is directed against the award dated February 12, 1967 of the Third Industrial Tribunal, West Bengal, in case No. VIII-81 of 1960, directing the appellant to pay to its workmen for the accounting year ended June 30, l959, bonus at the rate of four months' wages. For the reasons given in this order, it is regrettable that there has to be a second remand to the Tribunal for proper adjudication.

(2.) For the accounting year ended June 30, 1959, the appellant offered to pay two months' basic wages as bonus to its workmen, but this offer was not accepted. But it is seen that later on the workmen, under the advice of their union, received the amount under protest. As the workmen were claiming a larger amount for bonus, the Government of West Bengal by its order dated March 30, 1960, referred for adjudication to the concerned Industrial Tribunal the question-

(3.) This Court, by its judgment dated April 12, 1965, allowed the appeal of the workmen, set aside the order of the Tribunal and remanded the case to it for recalculating the amount of rehabilitation, in the light of the observations contained in the judgment. Liberty was given to the parties to adduce further evidence, if necessary on the said question. It was also made clear that the rest of the calculations, except rehabilitation, will stand and that the Tribunal was to go into the only question of rehabilitation and find out if there was any surplus available after meeting the annual rehabilitation charge.