Judgment

GAJENDRAGADKAR, J. : These two cross appeals arise from an industrial dispute between the Standard Vacuum Refining Co. of India, Ltd., (hereinafter called the appellant) and its workmen (hereinafter called the respondents). This dispute related to a claim for bonus made by the respondents against the appellant for the year commencing on January 1, 1956, and ending with December 31, 1956. The respondents claimed that for the relevant year they were entitled to receive by way of bonus their nine months total earnings inclusive of all allowances and overtime and extra-time earnings. After this demand was made the conciliation officer attempted conciliation between the parties but his efforts failed, and so he submitted a failure report under S. 12(4) of the Industrial Disputes Act XIV of 1947. The Government of Bombay then considered the said report and was satisfied that there was a case for reference of the said dispute to the tribunal. That is how the present reference came to be made under S. 12(5) of the Act.

2. The respondents who have made the present claim include 648 employees; amongst them 524 are operatives and 124 belong to the clerical cadre. Before the tribunal t