JUDGMENT

SAWANT, J.- The question involved in these appeals is whether the ex-gratia payment made by the Coffee Board to its employees at the minimum rate at which bonus is payable under the Payment of Bonus Act [hereinafter referred to as the Bonus Act] is legal and further whether such payment could be made from the Pool Fund constituted under the Coffee Act, 1942 [hereinafter referred to as the Act]. The relevant facts in brief are as follow:

The appellant-Coffee Board is constituted under Section 4 of the Act. For the purpose of carrying out its activities under the Act, the Board engages various categories of employees. In the present appeals, we are concerned with the staff engaged for storing, curing and marketing coffee. The Board made an ex-gratia payment equivalent to the minimum bonus payable to the workmen under the Bonus Act for the years 1964-65 to 1968-69. There is no dispute that this payment was made by the Board after obtaining previous sanction of the Central Government. There is further no dispute that the concerned employees were made the said payment out of the Pool Fund constituted under the Act. The respondent-coffee planters challenged the said payment by fil