A.K. Sinha, J. - (1.) This is a Rule obtained by the petitioner for quashing an order of reference made by the State of West Bengal for adjudication of certain issues relating to payment of bonus.
(2.) After the commencement of Payment of Bonus Act, 1965, the petitioner company, it is alleged, paid to its workmen maximum bonus of 20 per cent, for the accounting year 1965 on the basis of 'allocable surplus' certified by the Company's auditor. Equally, maximum payment of bonus was made for the year 1966 although according to allocable surplus it was liable to pay only 11 per cent of the total wages of the workmen. Regarding the year 1967 the company made ex gratia payment of 4 per cent, as it suffered huge loss and there was no surplus. Although such payments were accepted by the workmen they still made unjust demands for payment of more bonus.
(3.) Then a conciliation proceeding which started over such dispute ended unsuccessfully and finally the dispute was referred to by the State Government for adjudication by the fifth Industrial Tribunal. The validity of this order of reference is challenged in the present Rule.;