DAS GUPTA, J. - (1.) THESE appeals arise out of certain disputes between Karam Chand Thapar & Bros., Ltd., to which we shall later in this judgment refer as "the company, " which manages a large number of other limited companies and its workmen. One of the principal questions that arises for consideration in this appeal is whether this company is the employer of these workmen or they are workmen employed by the several companies managed by Karam Chand Thapar & Bros. There were altogether three references which have been disposed of by the adjudicator by one and the same award.
(2.) IN the first order of reference made by the Government of West Bengal on 9 May, 1955 only Karam Chand Thapar and Bros. Ltd., was mentioned as the employer. In this reference fourteen matters, some of which will be referred to in detail later, between Karam Chand Thapar & Bros., Ltd., and their workmen were referred for adjudication. The order of reference was amended on 22 September, 1955 by adding 28 companies mentioned in a schedule and described as the associate companies of Karam Chand Thapar & Bros., Ltd., as the employers. The second order of reference was made on 18 July 1955. There also Karam Chand Thapar & Bros., Ltd., was originally named as the employer and two items were referred to adjudication in these words : "(1) Whether the workmen employed in the head office of the managing agents Karam Chand Thapar and Bros., Ltd., are employees of the managing agents or they are employees of the respective associate concerns managed by the same managing agency or both. (2) Whether any additional sum is payable as bonus to the workers employed at the head office in respect of the year 1953-54."
(3.) THIS order of reference was amended by an order of the Government of West Bengal on 11 April, 1956. By this order of 11 April, 1956, 37 limited companies including the 28 companies (which had been made parties to the first order of reference in September, 1953) were mentioned as employers. So that in the second order of reference as it ultimately stood the employers were described as Karam Chand Thapar & Bros., Ltd., and companies mentioned as their associate companies.The third order of reference was made on 6 February 1956. Karam Chand Thapar & Bros., Ltd., and 37 companies were mentioned as the employers. These 37 companies were identical with 37 companies mentioned in the second order of reference and out of these the name of one United Collieries, Ltd., was deleted later on. Two matters in dispute were referred in this third order of reference. They were : "(1) Quantum of bonus for the year 1954-55 and the method of its distribution amongst the workmen of the different associated concerns employed in Calcutta. (2) What will be the status of the employees of Modern Agencies, Ltd., in relation to the managing agents, Karam Chand Thapar and Bros., Ltd., and what amount is payable to them by way of bonus for the year 1954-55." ;