Judgment

K. SUBBA RAO, J. : This appeal by Special Leave is directed against the decision and Order of the Labour Appellate Tribunal of India. Bombay, dated 18-5-1955, modifying the Order of the Industrial Tribunal dated 31-8-1953. The appellants were Government contractors for clearing and transporting of imported foodgrains. They entered into three agreements with the Government - the first and the second appellants on 5-2-1952 and the third appellant on 1-11-1951 - for clearing the cargo at prescribed rates. The three agreements contained similar terms. The said agreements provided that if the rate of discharge on a ship exceeded 1,500 tons per 24 hours and no shed demurrage was incurred, the Government was liable to pay to the appellants remuneration at the prescribed rates plus a bonus of As. 4/- per ton, and if the rate of discharge fell below tons per 24 hours or shed demurrage was incurred Government was liable to pay to the appellants remuneration at the prescribed rates less As 8/- per ton. The appellants, for the purpose of carrying out their part of the contracts, employed workmen through muccadums (i.e., gang leaders) on piece rate basis for the purpose of clearing, fil