Judgment

WANCHOO, J. : The only question raised in these two appeals by special leave is about the quantum of bonus to be paid to the workmen (hereinafter called the respondents) by Voltas Limited (hereinafter called the appellant) for the financial year 1956-57. The dispute between the parties was referred to the adjudication of the Industrial Tribunal, Bombay. The appellant, it appears, had already paid 4 1/2 months basic wages as bonus for the relevant year but the respondents claimed it at the rate of six months basic wages subject to the minimum of Rs. 250/- per employee. The tribunal went into the figures and after making the relevant calculations came to the conclusion that the available surplus worked out according to the Full Bench formula justified the grant of bonus equal to five month s basic salary; it therefore ordered payment of this amount excluding the amount already paid. The appellant in its appeal claims that the tribunal should have allowed nothing more than what the appellant had already paid; the respondents in their appeal on the other hand claim that they should have been allowed six months bonus.

2. The principle on which bonus has to be calculated have