- (1.) These four appeals by special leave arise out of two references which were disposed of by the Industrial Tribunal, Madhya Pradesh, by the same order. Two of them are by the management and two by the workmen. We shall deal with them together in the same way as the tribunal has done.
(2.) The demand raised by the two references which are still outstanding are these: (i) Revision of pay scales with effect from July 1959; (ii) Bonus for the period January 1, 1958 to March 31, 1959; (iii) Gratuity at the rate of one month's earnings for each completed year of service; (iv) Bonus for the year 1959-60. It may be added that the company had paid bonus for the two periods at 10 per cent of the total earnings. The workmen however claimed that bonus should be paid at the rate of 30 per cent of the earnings.
(3.) The tribunal worked out the bonus on the basis of the Full Bench formula and came to the conclusion that nothing further was due to the workmen for the period from Junuary 1, 1953 to March 31, 1959. It however awarded a further bonus at the rate of 10 per cent for the period 1959-60. A question was raised in that connection as to whether certain coal coolies were also entitled to bonus. The case of the company was that these coolies were not its employees but were the employees of an independent contractor, while the workmen claimed that they were the employees of the company. The tribunal held that there was no reference of the question whether these coolies were the employees of the company or were employed by an independent contractor. Therefore, the tribunal accepted the evidence of the con-tractor to the effect that they were his employees and rejected the claim made on behalf of these coolies for payment of bonus.;