Judgment

KHALID, J. :- This appeal, by special leave, by two employees of the United Bank of India at Calcutta, is directed against a decision given by the Central Government Industrial Tribunal-cum-Labour Court, Calcutta, on 28th December, 1979, in an application made under Section 33C(2) of the Industrial Disputes Act, 1947, The claim made by them related to the bonus paid on the eve of Pooja every year which according to them was customary in nature, irrespective of profit or loss.

2. The Labour Court after considering the evidence placed before it held that the bonus claimed could not be characterised as customary since it did not answer to the requirements of law to be customary bonus and that in the absence of an existing right to customary bonus or bonus founded on an implied agreement as a condition of service, the application made under S 33C(2) was not maintainable and accordingly dismissed the same.

3. The petitioners claim was attempted to be supported, by the fact that they were given one months pay as bonus for the years 1059 to 1963, one and half months for the year 1964 and two months pay for the years 1965 to 1974. Their further case was that this bonus was paid every