JUDGMENT - Chagla, C.J.

[1] This is an appeal from an order of Coyajee J., by which he dismissed the petition presented by the Modern Mills. Ltd., for a writ of certiorari against the authority appointed under the Payment of Wages Act, 1936. It would appear that an award was made by the Industrial Court under the Bombay Industrial Relations Act, 1946, on 20th March 1948, in respect of certain disputes between the textile mills and their employees, and condition 6 of this award provided :

"Persons who are eligible for bonus but who are not in service of the Mill on the date of payment shall be paid in one lump sum on 31st May 1948, provided claims in writing are submitted to the Manager of the Mill concerned before 21st May 1948, after which no application for bonus shall be entertained."

One Jagardeo Shantaram, an employee of the Modern Mills, who had left the services on 12th March 1948, made an application for the bonus which had been declared by a letter dated 18th May 1948, and which letter was received by the Modern Mills on 24th May 1948, and the contention of the Modern Mills was that as the claim had been submitted after 21st May 1948, he was not entitled to any bonus. Thereup

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