Wanchoo, J. - (1.)This is an appeal by special leave in an industrial matter. There was a dispute between the appellant, namely, the Marina Hotel, New Delhi, and its workmen, which was referred for adjudication to the Industrial Tribunal, Delhi. The matters in dispute comprised a number of items; but in the present appeal we are concerned only with the following:
(1) Bonus for the years 1958-54 and 1954-55.

(2) Leave.

(3) Provident Fund.

(4) Scales of Pay.

(5) Dearness Allowance.
We shall deal with these points one by one.
(2.)Bonus. The first contention of the appellant in this regard is that as the workmen get a share in the service-charges and also some amount by way of tips from the customers, no bonus can be awarded to them. Reliance in this connection is placed on the observations of this court in Voltas Limited vs. Its Workmen 1961-1 Lab LJ 323 at p 327, where in dealing with salesmen it was said that salesmen being paid commission on sales had already taken a share in the profits of the appellant on a fair basis and therefore there was no justification for granting them further bonus out of the available surplus of profits. The contention is that the workmen of the appellant also get a share in the profits on the distribution of service charges among them and therefore they are not entitled to any further bonus. Now it is well settled that bonus is paid to workmen out of the available surplus of profits in order to fill in the gap between the existing wage and the living wage provided the workmen have contributed to the earning of profits. It is not disputed that the workmen in the present case have contributed to the earning of the profits; nor can it be disputed on a consideration of the wages paid to the workmen by the appellant that there is a wide gap between their existing wage and the living wage. In the circumstances, if there is an available surplus of profits in accordance with the Full Bench formula, the workmen would be normally entitled to bonus.
(3.)The appellant, as we have already mentioned, relies on the observations of this Court in the case of Voltas Ltd, 1961-l Lab LJ 323. However, we are of opinion that those observations can not help the appellant. It cannot be disputed that even taking into account the amount received by the workmen through distribution of service charges and tips, there is still a gap between their existing income and the living wage. The observations on which reliance is being placed on behalf of the appellant were made in a different context altogether. When dealing with salesmen of Voltas Ltd. 1961-1 Lab LJ 323, this Court pointed out that the commission of salesmen on an average worked out to about Rs. 1,000 per month and therefore their total emoluments were quite adequate. It was in that context that the observations in question on which reliance has been placed were made. Besides, salesmen in that case were a small part of the total number of workmen of Voltas Limited and that was the reason why this Court observed that as the salesmen had already taken a share in the profits of the appellant on a fair basis as contrasted with the majority of the other workmen there was no justification for granting them further bonus out of the available surplus. The observations therefore on which reliance has been placed were conditioned by two circumstances, namely, (i) that salesmen in that case were getting adequate wages after taking into account the commission received by them, and (ii) that salesmen were only a small part of the workmen in that case and as they had already partaken of a share in the profits they were not entitled to any further share from the available surplus to the detriment of the other workmen who formed the large majority. Neither of these two conditions apply in the present case. The evidence shows that the amounts received through the distribution of service charges and tips are quite inadequate to bring the wags to the level of a living wage. Besides, the workmen of the appellant share in the distribution of service charges and thus stand on the same footing so far as the distribution of bonus from the available surplus, if any, is concerned. The appellant cannot therefore take advantage of the observations made in the case of Voltas Ltd, 1961-1 Lab LJ 323 torn out of their context.