P.SHANMUGAM, J.

Respondent in the claim petition and petitioner in the writ petition, aggrieved by the confirming orders, has preferred the above writ appeal.

2. The facts leading to the case are stated below :-

The Christian Medical College and Hospital Employees' Union raised Industrial Dispute No.90 of 1989 before the Industrial Tribunal in reference to payment of bonus and enhancement of pay scales. The Government of Tamil Nadu, as per G.O. No.1672 dated 8.9.1989, made the following reference to the Industrial Tribunal, Chennai :

(1) Whether the demand for payment of bonus to the workers at 8.33% for the year 1986-87 is justified, and if not, to what relief they are entitled ?

(2) Whether the demand for enhancement of pay scales to the workers by 20% over the present pay scales is justified ? and if so, to fix the pay scales and the dates from which the revised pay scales should be given effect to.

The Management of Christian Medical College and Hospital raised an objection dated 9.1.1990 as to the applicability of the Payment of Bonus Act and prayed for a decision as a preliminary issue. The Industrial Tribunal, by an order dated 23.12.1993, over ruled the preliminary ob