Judgment

WANCHOO, J.: This appeal by special leave raises the question of bonus. There was a dispute between the workmen of B. N. Elias and Co. Ltd. (hereinafter called the appellants) and their employers, B. N. Elias and Co. Ltd. and others (hereinafter called the respondents) with respect to bonus for the years 1954, 1955 and 1956. The case of the appellants was that they were entitled to bonus as a condition of service irrespective of profit or loss on the following scale:I - Clerical staff.1 month s basic pay as bonus in April,1 month s basic pay as bonus in August,1 month s basic pay as bonus in December,II- Subordinate staff.1 month s basic wages as bonus in April,1 month s basic wages as bonus in August,1 month s basic wages as bonus at Puja time,1 month s basic wages as bonus in December.

According to the appellants this bonus was always paid from 1942 to 1952. Later as there were some disputes between the appellants and the respondents, the respondents wanted to stop the payment of bonus from1953, though something less was paid that year. In 1954 the amount of bonus was further reduced. Consequently, a dispute was raised which was referred by the Government of West Bengal in