JUDGMENT :

Lakshmaiah, J.—The constitutional validity of Sub-section (10) of Section 32 of the Payment of Bonus Act, 1965 is assailed in this writ petition filed by Hutti Gold Mines Kamgar Sangh, against their employer, the Hutti Gold Mines Company Limited, Raichur, Mysore State, the 2nd respondent herein.

2. The petitioner is a registered trade union of employees working in the 2nd respondent's mines. The Government of India is impleaded as the 1st respondent. The 2nd respondent is the Hutti Gold Mines Co., Ltd., engaged in mining of gold. The 3rd respondent is the Industrial Tribunal, Hyderabad, constituted u/s 7A of the Industrial Disputes Act, 1947 to adjudicate upon a reference of an industrial dispute regarding payment of bonus between the petitioner and the 2nd respondent.

The Hutti Gold Mines Company Limited is a company governed by the provisions contained in the Companies Act, 1956. It became a Government company on account of the Government of Mysore purchasing more than 51% of the share in it. The Payment of Bonus Act, 1965 (referred to hereinafter merely as 'the Act') came into force with effect from the accounting year 1964. As per Sub-section (2) of Section 1 of the Act