JUDGMENT :

Sarkar, J.

1. The appellants, the Bhowra Kankanee Coal Co. Ltd., own the Bhowra and other collieries. On the Bhowra Colliery there are a number of residential bungalows belonging to the appellants occupied by their officers employed in the colliery. The appellants employ certain malis for working as such in these bungalows and their duty is to look after and maintain the gardens there. A dispute arose between the appellants and their workmen as to whether these malis, who were fourteen in number, were entitled to bonus. By an order made on June 23, 1959, under the Industrial Disputes Act, 1947, the Government of India referred this dispute along with another with which we are not concerned in this case, for adjudication to the Industrial Tribunal, Dhanbad. The points referred concerning the dispute above mentioned were in these terms:

(1) Whether the withdrawal of the benefit of bonus provided in the Coal Mines Bonus Scheme by the management of the Bhowra Colliery from the following garden mazdoors/malis is justified. If not, to what relief are they entitled and from what date?

(2) Whether the garden mazdoors/malis referred to above are employed on domestic and personal wor