JUDGMENT

GUPTA, J.:— Following a settlement with the workers employed in their different branches, the appellant, Hindustan Construction Co. Ltd. (referred to hereinafter as the company) paid to these workers an amount equivalent to 6 per cent of their total earnings for the financial year ending 31 July 1971, in addition to bouns at 4 per cent of the annual earnings. Paragraph 4 of the memorandum of settlement reads:

"It was decided that although the workers were entitled to 4 per cent bouns under the Bouns Act, it will be necessary to afford some relief to the workers. It was agreed that over and above 4 per cent bonus, the Hindustan Construction Company will pay additional amount of 6 per cent Ex-gratia to the workers for the year 1970-71 in the pay packet of June, 1971."

The workmen employed in the head office of the company at Bombay demanded that they should also be paid an amount equivalent to 6 per cent of their total earnings for the financial year ending 31 July 1971 in addition to bonus at 4 per cent of the annual earnings as had been paid to the other employees of the company. The company by its notice dated March 14, 1972 had notified that the workmen at the head office