Judgment

S. C. AGRAWAL, J.:- This appeal by the workmen of Kettlewell Bullen and Company Ltd. (hereinafter referred to as the workmen) involves the question whether the workmen are entitled to Customary Bonus at the rate of 10.5 per cent of the total annual salary or wages in respect of the years 1974 to 1977.

2. By order dated September 11, 1979 the Government of West Bengal referred to the Eighth Industrial Tribunal (hereinafter referred to as the Tribunal) the following dispute for adjudication under Section 10 of the Industrial Disputes Act, 1947:

"Whether the workmen are entitled to customary bonus for the accounting years 1974, 1975, 1976 and 1977? If so, at what rate?"

Before the tribunal it was submitted by the workmen that the bonus was being paid to them since the year 1959 and that for the years 1959 to 1963 bonus was paid at the rate of three and a quarter months basic wages and for the- years 1965 to 1973 it was paid at the rate of 10.5 per cent of the total annual salary or wages and that in the year 1964, it was paid at the rate of 4 per cent on the basis of Payment of Bonus Ordinance, 1965. The management disputed the said claim of the workmen and asserted that the work