Judgment

WANCHOO, J.: These are two appeals by special leave against the same award of the Third Industrial Tribunal, West Bengal and shall be disposed of by this judgment. Appeal No. 195 is by Messrs. Burn and Company Limited (hereinafter called the company) and Appeal No. 196 is by the workmen of Messrs. Burn and Company Limited (hereinafter called the workmen). There were disputes between the company and the workmen on various matters, which were referred to the tribunal for adjudication. Of these disputes, only two now survive in the two appeals. The company s appeal is with respect to that part of the award which deals with incentive bonus to the clerical and subordinate staff while the workmen s appeal is with respect to that part of the award which deals with the cash benefit of Annas eight per head per working day for the period the canteen was not in operation.

2. We shall first take up the company s appeal. The company has introduced incentive bonus for manual workers including Sarkars and checkers but there is no provision for incentive bonus to the clerical and subordinate staff. The workmen therefore claimed that these two categories should also be given incentive bonus