D.J. Jagannadha Raju, J.

1. This O.P. is filed by the petitioner, who is a partner of Malabar Tile Works, Feroke, and who has been appointed as receiver by Court in O.S. No. 237 of 1984. The petitioner prays for the relief of quashing Ext. P2 order dated 13.12.1985 passed by the Deputy Labour Commissioner, the authority appointed under Section 21 of the Payment of Bonus Act, in Bonus Application No. 2 of 1984.

2. The short question that arises for consideration in this O.P. is whether the lay-off compensation paid to the employees is to be considered as "salary" or "wages" under the Payment of Bonus Act (hereinafter called the "Act") for the purpose of determining the bonus payable to the employees.

3. When the matter was taken up, the petitioner's counsel brought to my notice order dated 10.8.1990 passed by T.L. Viswanatha Iyer, J in O.P.No. 1779 of 1986, and requested that as His Lordship was pleased to refer an identical matter for consideration by a Division Bench, the present O.P. may also be referred to a Division Bench. I am unable to accede to this request. In that order my learned Brother referred to Nutan Mills v. E.S.I Corporation, AIR 1956 Bom. 336, which deafs wit