( 1 ) HEARD the learned counsel for the parties.

( 2 ) THE Labour Court rejected the case of the petitioner on the ground that a specific plea was not taken in the statement of objections filed by it on the maintainability of the claim for bonus by respondents Nos. 2 to 16 (workmen ). The petitioner has taken a specific contention in paragraph 5 of the statement of objections as follows :

"the applicants are not entitled to any bonus as they were dismissed for serious act of misconduct involving moral turpitude, violent and destructive acts causing loss and damage to the respondent. The applicants are disqualified from claiming bonus. Thereby, the applicants have forfeited their claims for bonus as per the provisions of law. "

Though the petitioner had not mentioned the specific section under which it was resisting the claim for bonus, the pleadings in paragraph 5 of the statement of objections leave no doubt that it was with reference to S. 9 of the Payment of Bonus Act, 1965 (the Act ).

( 3 ) EVEN then, the point for consideration would be whether, under S. 9 of the Act, it was open to the petitioner-management to forfeit the amount of bonus to the workmen on the ground that they

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