B.N.BANERJEE, J. - (1.) THE petitioners, who were originally in the employment of Balmer Lawrie and Co., Ltd., in its managing agency department for Waygood Ottis, Ltd., London (installers of elevators and escalators), joined service under respondent 4, Ottis Elevator Company, (India) (Private), Ltd., in the year 1954, on the termination of the aforesaid managing agency agreement. One of the conditions, on which the petitioners took up service under respondent 4 company, on transfer from Balmer Lawrie and Co., Ltd., it was alleged, was that the said respondent 4 company would assume liability for all social benefits which the workmen used to receive under their former employer.
(2.) IN support of the aforesaid allegation, reliance was placed on the following term of agreement between Balmer Lawrie and Co., Ltd., and respondent 4 company, which is set out below: Ottis (India) will assume all liability for social benefits for such employees of Balmer Lawrie from and after the time they are transferred to Ottis (India). Puja bonus, at the rate of one month's basic salary, was alleged to be one of the social benefits enjoyed by the workmen. Respondent 4 company, it was further alleged, paid and continues to pay the said bonus to the petitioners, since after they joined service under respondent 4 company. This is not, however, admitted by respondent 4 company.
(3.) IN the years 1957 and 1958, the petitioners workmen claimed profit -sharing bonus and raised an industrial dispute. The said dispute was referred by the respondent State Government to the fourth industrial tribunal for adjudication the issue referred being: Additional bonus for the years 1957 and 1958. The stand taken by the petitioners workmen, in their written statement before the tribunal, was that respondent 4 company bad earned substantial profits during the years 1957 and 1958 and should pay profit -sharing bonus to the employees at the rate of three months' basic salary, in addition to the bonus paid at the time of the pujas.;