- (1.) THIS is a petition under Article 226 of the Constitution. The petitioner is a public limited company which carried on the business of manufacturing and selling textiles and other commercial products. A branch of the petitioner's business is carried on under the name of cooper Alien and Co. , and on 13-4-1951, the petitioner issued a notice to its employees in that branch informing them that the directors had sanctioned the payment of a gratuity (by which, it is common ground, is meant what is ordinarily termed a bonus) in respect of the year ending 31-12-1950, equal to three months' basic wages. Certain qualifying conditions were laid down in the notice which further stated that acceptance of the gratuity would be held to imply that it had been accepted in full and complete satisfaction of all claims for a gratuity in respect of that period. Payment of the bonus was made accordingly by the peti-tioner in May, 1951, to all the employees of Cooper Alien and Co. , who qualified therefor, and receipts were given by such employees in full and final sttlement of all claims for bonus in respect of chat year.
(2.) ON 28-7-1951, the Kanpur Mechanical and Technical Workers' Union, respondent no. 4, made an application to the Chairman of the Regional Conciliation Board (Leather), Kanpur, in which it was prayed: "that all the temporary and permanent workers who have not been paid bonus are entitled for bonus for the year 1950, and they should be paid the same for this year of 1950. That the quantum of bonus for the year 1950 should be enhanced to 6 months' wages with dear food allowance. That no condition should be attached to the payment of bonus. That the company should be asked to pay 12 /2 per cent, interest on the aggregate amount of money of the workers unlawfully withheld by them. "
(3.) AFTER the receipt of this application an attempt was made to constitute a Conciliation Board, but it appears that the attempt failed because of a mistake in the notification with regard to the name of the employer with the consequence that the petitioner did not nominate a member.;