Judgement

WANCHOO J. : These are two connected appeals by special leave against the decision of the Labour Appellate Tribunal in an industrial matter. Appeal No. 473 is by Messrs. Ispahani Ltd. (hereinafter called the company) and appeal No. 474 is by the employees of the company represented by Ispahani Employees Union (hereinafter called the workmen). They will be disposed of by one judgment.

2. There was a dispute between the company and its workmen on a number of matters, which was referred by the Government of West Bengal to the adjudication of the Second Industrial Tribunal, by an order of December 17. 1953. There were a number of matters which had to be adjudicated upon; but of these only two now survive, namely-

1. whether the workmen are entitled to puja bonus for 1953, and

2. whether the workmen are entitled to receive from the company any benefits for the period of service rendered by them under Messrs. M. S. Ispahani Ltd.

A few facts may be set out here to give the background of this dispute. Originally, there was another company called Messrs. M.M. Ispahani Ltd. which was carrying on business in Calcutta since December 1934 before the partition of India. Shortly before the p