- (1.) This is an appeal against the award of the Fourth Industrial Tribunal, West Bengal. There was a dispute between the appellant and, its workmen as regards profit bonus with respect to the years ending December, 1959 and December 1960. Further them was dispute also about Puja bonus payable in 1961. Consequently, a reference was made by the Government of West Bengal on March 13, 1962 to the tribunal with respect to these matters, namely, (i) Puja bonus payable in 1961, and (ii) profit bonus for the years ending December 1959 and December 1960.
(2.) The case of the workmen was that payment of Puja bonus had become either an implied term of employment between them and their employer or customary. As to profit bonus, the workmen claimed that they were entitled to profit bonus in view of the large profits earned by the appellant in the two years in question. Thus they claimed four months wages as profit bonus for both the years and 1 1/2 months wages as Puja bonus payable in 1961.
(3.) The appellant on the other hand contended that payment of Puja bonus had neither become an implied term of service between the appellant and its workmen nor had the same become customary or traditional at Puja time. As to profit bonus, the appellant's case was that there was no available surplus in either of the two years and, therefore, the workmen were not entitled to any profit bonus.;