Judgment

P. JAGANMOHAN REDDY, J. :- This Appeal is by Special Leave against the Award of the Industrial Tribunal. Rajasthan directing the payment of a bonus of Rs. 1,21,000/- apart from an amount of Rs. 90,000/- already disbursed to the workmen of the Appellant for the year 1962-63. The dispute for the bonus year beginning 1st July 1962 and ending 30th June 1963 was raised by the workmen because the Company which had admittedly made profits, did not pay them a bonus though a gratuity of one month was given to them. The following dispute was therefore referred to the Tribunal.

"Whether workmen of M/s. J. K. Synthetics Ltd. Kota are entitled to any bonus for the year 1962-63 and whether payment of one month s wages as gratuity by the management can be regarded as payment towards bonus for the year in question?"

2. The Mazdoor Union (hereinafter called the Union ) on behalf of the Workmen contended that on the basis of the calculations of available surplus they were entitled to a bonus of 60 per cent, in accordance with the bonus formula which will entitle them to a 5 months wages apart from the one month s wages already paid to them. The first statement of computation filed on behalf