Judgment

WANCHOO, J. : This writ petition was heard along with writ petition No.62 of 1962 (Bridge and Roof Company (India) Limited v. Union of India), as the short question in both of them was whether production bonus was excluded from the term "basic wages" as defined in S.2(b) of the Employees Provident Fund Act, No 19 of 1952, (hereinafter referred to as the Act). A further question also arose in this writ petition as to the nature of the production bonus scheme in force in the petitioner company, and the parties were given time to file additional affidavits in that connection. The main point raised in the two writ petitions was decided in Bridge and Roof Company (India)Ltd. v. Union of India, 1962-2 Lab LJ 490: The only question that now remains is whether the production bonus scheme in force in the petitioner-company is of the same type as in Bridge and Roof Company, 1962-2 Lab, LJ 490: If it is of the same nature the present petition would be governed by that decision and production bonus would be excluded from the term "basic wages" as defined in the Act. The parties have additional affidavits and it now remains to determine the nature of production bonus in force in the pet