Alagiriswami, J. - (1.) Civil appeals Nos. 2083 and 2084 of 1969 are by the Management, Shri Ambica Mills Ltd. No. 1, against the Award Part I dated 13th August, 1969 and Part II dated 28th August, 1969, respectively of the Industrial Court, Gujarat in Reference IC NO. 110 of 1968. Civil appeals Nos. 1259 and 1260 of 1970 are by the Textile Labour Association, Ahmedabad, representing the workmen against the same Award.
(2.) Shri Ambica Mills Ltd., Ahmedabad, is a public limited company owning three textile units, viz., Shri Ambica Mills Ltd. No. 1 and No. 2 at Ahmedabad, Shri Ambica Mills Ltd. No. 3 at Baroda and two engineering units, viz., Shri Ambica Tubes at Vata and Shri Ambica Machinery Manufacturers in the premises of Shri Ambica Mills Ltd. No. 1 at Ahmedabad. The last unit, i.e. Shri Ambica Machinery Manufacturers came into existence in the beginning of the year 1967. Shri Ambica Mills Ltd. 2 and 3 have entered into an agreement to pay bonus on the lines of Shri Ambica Mills Ltd. No. 1, Ahmedabad. All the aforesaid undertakings have been treated as parts of the same establishment, namely, Shri Ambica Millts Ltd., for the purpose of computation of bonus.
(3.) The dispute relates to the payment of bonus for the year 1967. The demand for the payment of bonus for the year 1967 was raised as a result of notice of change given by the Textile Labour Association (hereinafter referred to as the Association) on 15-7-1968. The appellant mills did not agree to the payment of bonus as demand and conciliation proceedings having failed, the dispute was referred under Section 73-A of the Bombay Industrial Relations Act, 1946. The Association requested the Mills Company to furnish the information regarding the computation of gross profits as well as allocable surplus to enable the association to calculate the bonus for the year 1967. The Mills Company supplied the said information, but it also claimed certain deductions from the gross profit for calculating the allocable surplus.;