Judgement

K. N. WANCHOO J. : These are two appeals by special leave against the same decision of the Labour Appellate Tribunal of India in a dispute between Messrs. Shalimar Works Ltd. Howrah (hereinafter called the company) and its workmen represented by two unions (hereinafter called the workmen). Appeal No. 317 is by the company while Appeal No. 318 is by the workmen. We shall dispose them of by one judgment.

2. There was a dispute between the company and its workmen on a number of matters and it was referred to the Sixth Industrial Tribunal for adjudication by the Government of West Bengal. Only two matters now survive out of the many referred to the Tribunal, namely, (1) profit sharing bonus and (2) reinstatement of 250 old workmen.

3. We shall first deal with the question of profit sharing bonus. It appears that the company had a profit sharing bonus scheme in force on the following lines. It provided that after making certain deductions, if the remaining profit was between Rs. 1,50,000 and Rs. 1,99,999, the workmen would be entitled to quarter of a month s average basic pay as bonus. When the remaining profit was between Rs. 2.00 lacs and Rs.2,49,999 the bonus went up to half o