Vaidialingam, J. - (1.) This appeal, on certificate, by the State of Maharashtra is directed against the judgment and order of the Bombay High Court dated March 15, 1967, in Special Civil Application No. 1067 of l964, quashing the order of the State Government dated January 18, 1864, making a reference to the Industrial Tribunal:
(2.) At the outset, it must be stated that the workman who filed the Writ Petition in the High Court and got an order in their favour, have not appeared before us to support the order of the High Court. On behalf of the management which was a party before the Tribunal and before the High Court, it has been represented that it is no longer interested in these proceedings.
(3.) It is necessary to state a few facts leading upto the filing of the writ petition in the High Court. On December 19, 1962, the State Government referred certain disputes for adjudication to the Industrial Tribunal. The matters in disputes included various items; but it is only necessary to refer to dispute No. 3 which related to the Production bonus. That dispute relating to Production bonus in Part I for Daily Rated workmen was as follows:- "3. Production Bonus. The present incentive scheme should be revised as under:- (a) The scheme should be made applicable to all the departments of the company. (b) When the production in the establishment reaches 500 tons in a month all the daily rated workers should get 10 per cent of their total earnings as production bonus. The number of workmen being the average number employed in the year 1960. (c) For every 10 tons increase in a month's production above 800 tons a 2% increase in the percentage should be given over and above that in clause (b) above. (d) The existing bye-laws and clauses regarding the absenteeism etc. should be abolished. (e) Bonus should be determined by the ratio of days filled in by a worker to the number of working days in a month. (f) The above benefits should be paid with retrospective effect from 1st July, 1961.;