B.C. Mitra, J. - (1.) In this application the petitioner seeks appropriate writs for quashing an award made by the Second Industrial Tribunal, being an award made on a reference dated September 20, 1963 made by the respondent No. 4.
(2.) The petitioner is a company incorporated under the Indian Companies Act, 1913. The principal business of the petitioner consists in dealing in commercial vehicles, diesel engines and their spare parts and components, manufactured by Ashok Leyland Ltd. The terms under which the petitioner deals with the said vehicle and spare parts are set out in an agreement annually entered into between the petitioner and the said Ashok Layland Ltd., (hereinafter referred to as the principal).
(3.) In 1961 the petitioner paid to its workmen a bonus equivalent to one month's wages in respect of the financial year 1961. The workmen being aggrieved by this payment of bonus raised an industrial dispute and by a reference dated September 20, 1963, the respondent No. 4 referred the matter to the Second Industrial Tribunal (respondent No. 1) for adjudication. The issue framed by the respondent No. 4 in the order of reference was:- "Profit bonus for the year 1961".;