V. Ramaswami, J.

In respect of payment of bonus for the accounting year that ended with 31-12-1974, a dispute arose between the management of Enfield India Limited, Tiruvottiyur and their workmen represented by Enfield Employees' Union and Assistant Commissioner of Labour (conciliation), Madras, held conciliation proceedings. As a result of the conciliation talks the parties arrived at what they termed as a settlement on 28-2-1976. Clause 1 of the said settlement is as follows

"Both parties agree to settle the issue of bonus for the accounting year ending 31-12-1974 by leaving it to the decision of the Asst. Commissioner of Labour (Conciliation) Madras, and his decision in this issue will be final and binding on the parties." *

This was signed by the representatives of the management and the representatives of the workers union. The Assistant Commissioner of Labour, in his proceedings dated 28-2-1976, referred to this agreement as memorandum of settlement arrived at under S. 12(3) of the Industrial Disputes Act, 1947 (hereinafter called the Act). In pursuance of this agreement, the parties to the dispute were heard by the Assistant Commissioner of Labour on 2-3-1976 and h