Judgment

VAIDIALINGAM, J.: In this appeal, by special leave, Mr. H. R. Gokhale, learned Counsel for the management-appellant, challenges the Award, dated September 21, 1964, of the Industrial Tribunal, Alleppey, in I. D. No. 10 of 1962.

2. We may briefly refer to the circumstances, leading up to the passing of the award in question. The appellant owns the Churakulam Tea Estate, in Kottayam, Kerala State. From 1946 onwards, the Planters Association of Kerala (South India) used to enter into agreements, with the representatives of the workmen, from time to time, for the payment of bonus. The first agreement, in 1946, related to the payment of bonus for the years 1947, 1948 and 1949; and by Exhibit W-5, the said agreement was extended for the years 1950 and 1951. A fresh agreement, Exhibit W-15, was entered into in 1955, for payment of bonus for the years 1952,1953 and 1954 and there appear to have been subsequent agreements also. There is no controversy that the appellant paid bonus for nine years, i. e., from 1947 to 1951 and 1953 to 1956. There is also no controversy that the payment of bonus, for these years, was not at a uniform rate. For instances, from 1946 to 1949 bonus was pai