JUDGMENT :

M.R. MEHER, J.

1. This is a reference by the Government of Bombay under S. 12(5) of the Industrial disputes Act, 1947, for adjudication of a dispute between the Firestone Tyre and Rubber Company of India (Private), Ltd., Bombay, and the workmen (including clerical staff), employed by it in Greater Bombay, i.e., in the factory at the head office and the Bombay district office of the company over the following demand:-

"Bonus for the year ending 31 October 1957 - All employees including temporary workmen and casual labour should be paid unconditional bonus, equivalent to three fourths of their total earnings during the financial year ending 31 October, 1957. All employees including temporary workmen and casual labour, discharged, dismissed, retired or retrenched during the said financial year or after, should be entitled to this bonus. The earnings for this purpose should include overtime and dearness allowance, comptists' machine allowance and officiating allowance."

2. In the statement of claim filed by the Firestone Tyre Employees' Union, Bombay, it is stated that the c