JUDGMENT :

Chandrachud, J.

1. By this petition under Arts. 226 and 227 of the Constitution, the petitioning unions challenge an award of the Industrial Tribunal dated January 31, 1969 in References Nos. 290 and 291 of 1965. These references were made by the Government of Maharashtra under S. 10(1)(d) of the Industrial Disputes Act, 1947, for adjudication of a claim for bonus for the year 1963-64 ending June 30, 1964.

2. Reference No. 290 of 1965 relates to the claim for bonus for made on behalf of the daily-rated workmen employed by the 2nd respondent, the Indian Hume Pipe Co. Ltd., Bombay, in their Wadala factory. The workmen claimed bonus at the rate of 6 months' total earnings for 1963-64, unconditionally. In Reference No. 291 of 1965, the staff working at the head office in Bombay and the monthly rated staff at the Wadala factory claimed bonus unconditionally at 30 percent of their total wages, inclusive of dearness allowance and whether they were in service or not after the close of the year. The 1st petitioner, 'Construction Employees' Union', represents the staff at the h