JUDGMENT - B.C. GADGIL, J.:---The petitioner who was an employee with M/s. New Standard Engineering Co. Ltd. (respondent No. 1) has filed this petition challenging the order of the 8th Labour Court, Bombay, in Application No. 416 of 1983. By that application the petitioner had claimed bonus from respondent No. 1 for the year 1981-82 (i.e. from 1-4-1981 to 31-3-1982) in accordance with the provisions of the Payment of Bonus Act, 1965 (hereinafter referred to as the 'Bonus Act'). The Labour Court rejected the application on the ground that the petitioner was disqualified from receiving the bonus as laid down by section 9 of the Bonus Act.

2. The facts are not in dispute in the present case. The petitioner was in service of respondent No. 1 and has rendered such service during the year 1981-82. However, the petitioner is said to have committed a misconduct in the night between 18/19 4-1982. That misconduct is in the shape of an assault on the other employee of respondent No. 1. An inquiry was held for this misconduct. A charge-sheet was prepared on 20-4-1982. After the above inquiry the petitioner was dismissed from service on 9-10-1982. Respondent No. 1 did not dispute the position th

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