Judgement

SHELAT, J. :- These two appeals by special leave, one by the appellant company and the other by its workmen are directed against the award dated May 4, 1964 of the Industrial Tribunal, Rajasthan to which reference was made under section 10 (1) (d) of the Industrial Disputes Act, 1947. The dispute referred to the Tribunal related to the workmen s demand for bonus for the years 1956-57 to 1959-60. By the said award the Tribunal disallowed the claim for 1956-57 on the ground that it was belated and allowed the demand for the rest of the years 1957-58 to 1959-60.

2. In working out the available surplus for distribution as bonus the Tribunal in general followed the Full Bench formula evolved by the Labour Appellate Tribunal in Millowners Association, Bombay, 1950 2 Lab LJ 1247 (LATI-Bom.) and approved by this Court in the Associated Cement Co., Ltd. v. Its Workmen, 1959 SCR 925 The Tribunal worked out first the gross profits for the said years and the prior charges deductible therefrom and arrived at the available surplus. For the year 1957-58 gross profits found were Rs. 28.29 lacs, Rs. 25.36 lacs for 1958-59 and Rs. 34.92 lacs for 1959-60. There is no dispute about these figu