Mudholkar, J. - (1.) The substantial question which falls for decision in this appeal by special leave against an award made by the Third Industrial Tribunal, West Bengal, centres round the question of production bonus. The appellant company runs a steel mill at Belur. There are various departments in the mill which have been grouped under three headings:direct productive departments, indirect productive departments and non-productive departments. Is the last mentioned group come the general office, accounts department, establishment department, time office, stores shipping department, drawing and design department, laboratory, progress and planning departments, civil construction department, watch and ward department, medical department and welfare department. The first group consist of the following five departments: 1. Steel foundry 2. Electric Furnaces 3. Rolling Mills 4. Bolt and nuts shop, and 5. Machine shops. The second group consists of the following, departments: 1. Refractory attached to the electric furnaces 2. Mill General, attached to the rolling mills 3. Roll turning, attached to the rolling mills 4. Yard Mazdoors, attached to the rolling mills, and 5. Civil maintenance department, electric maintenance department and mechanical maintenance department. It is common ground that each productive department has an individual target for the purpose of payment of production bonus over and above the wages. The existing targets were fixed (a) in 1948, in electric furnaces and rolling mills ; (b) in December, 1956, in the steel foundry and (c) in January, 1959 in the bolt and nut workshop. According to the appellant the targets were revised from time to time in consultation and with the concurrence of the representatives of the workmen of the department concerned as and when occasion arose for doing so in consequence of the adoption of better methods of production, new techniques, addition of plant and machinery etc.
(2.) The workmen in three indirect productive departments, namely, refractory attached to the electric furnace. 'mill general' attached to the rolling mills and roll turning attached to the rolling mills are paid production bonus at the rate of 75% of the average rate of production bonus earned by the respective direct productive department to which these three indirect productive departments are attached.
(3.) The Yard Mazoors attached to the rolling mills are paid on the basis of an arbitration award which is subsisting between the workmen and the company.;