Judgment

WANCHOO, J. : This appeal by certificate granted by the High Court of Bombay raises the constitutionality of S. 114 (2) of the Bombay Industrial Relations Act, No. XI of 1947, (hereinafter called the Act). The brief facts necessary for present purposes are these. The appellant is a cotton textile mill statuted in Bombay. It is said that the appellant had been continuously making losses from 1950 to 1955. References were however made under S. 73-A of the Act by the Rashtriya Mill Mazdoor Sangh, Bombay, in respect of disputes relating to bonus for the years 1952 and 1953, which are said to be pending before the Industrial Court, Bombay. The case of the appellant before the Industrial Court was that as it had made losses there was no question of its paying any bonus for the years in dispute. It seems that at the same time there were cases relating to bonus of other mills pending before the Industrial Court and the appellant applied that its case should be dealt with seperately, and this prayer was acceded to. It seems that while the references were pending, an agreement was arrived at between the Mill-owners Association, Bombay and the Rashtriya Mill Mazdoor Sangh, Bombay, wi