JUDGMENT :

R.N. Misra, J. - The employer in an industrial dispute referred to by the State of Orissa for adjudication of the Industrial Tribunal of Orissa has come before us challenging the finding of the Tribunal on a preliminary question of maintainability of the reference. Two references were made u/s 12(5) read with Clause (d) of Sub-section (1) of Section 10 of the Industrial Disputes Act (hereinafter referred to as the Act) of the following disputes:

(1) Whether the workmen of Gammon (India) Ltd., Mundali, District Cuttack, engaged in construction of Mundali Weir are entitled to profit sharing bonus for the years beginning from 1960 to 1964? It so, what should be the quantum of the profit sharing bonus for each year ?

(2) Whether the strike resorted to by the workers of Gammon (India) Ltd., Mundali, District Cuttack from 5-3-1965 is legal and justified and whether they are entitled to full wages for the periods ?

These two questions were separately referred to by two independent orders- the first order being dated 17-3-65 (annexure-4/a and the second one dated 24-3-65 (annexure-4). On the basis of these two references Industrial Dispute Cases Nos. 6 and 9 of 1965 were registered.