Judgement

N. H. BHAGWATI J. : This appeal with special leave challenges the award made by the Industrial Tribunal, Bombay in Reference (I T) No.75 of 1956 between the appellant and the respondents whereby the Industrial Tribunal awarded to the respondents 41/2 months basic wages as bonus for the year 1954-55 (year ending 30-6-1955).

2. The appellant is a subsidiary of the Premier Construction Co. Ltd., and manufactures Hume Pipes. It has factories in different parts of India, Pakistan and Ceylon. The respondents are the workers employed in the appellant s factory at Antop Hill, Wadala, Bombay.

3. In October 1955, respondent I who are workmen represented by the Engineering Mazdoor Sabha made a demand for the payment of six-months wages as bonus for the year 1954-55. The matter was also referred to the Conciliation Officer requesting him to initiate Conciliation Proceedings. The Conciliation Proceedings went on before the Conciliation Officer up to 23-3-1956 on which date both the parties arrived at and executed an Agreement to refer the matter to an Industrial Tribunal for adjudication. Accordingly, on 130-4-1956, both the parties drew up and signed a joint-application for referring