- (1.) In this application of Oriental Machinery and Civil Construction Private Limited, the petitioner herein, a Rule nisi was issued on the 5th May, 1976 calling upon the respondents viz., the Second Industrial Tribunal of West Bengal; the First Labour Court, West Bengal; The workmen of the petitioner represented by the Oriental Electric and Engineering Worker's Union; the Oriental Machinery and Civil Construction Worker's Union; and the State of West Bengal to show cause why a writ in the nature of Certiorari should not be issued setting aside, cancelling or quashing an award made by the Second Industrial Tribunal of West Bengal in Reference No. 531-1. R. dated the 6th Oct.,1R/10L/67 1967 and published in the Calcutta Gazette dated 20th Sept., 1971 and also the decision of the First Labour Court, West Bengal in respect of the said award dated the 26th July, 1975 in Reference No. 5430-1.R./RF-40/43 dated the 3rd August, 1973. The respondents were directed to produce or cause to be forwarded to the Registrar of this Court all documents, orders and proceedings relating to the said award and the said decision of the First Labour Court for the aforesaid purpose.
(2.) It is alleged In the petition that by the said Reference No. 5315-I.R. dated IR/10L-327/67 the 6th Oct., 1967 an industrial dispute on the issue "Bonus for the years 1964-65 and 1965-66" was referred to the Second Industrial Tribunal o.f West Bengal for adjudication.
(3.) After adjudication of the dispute an award was made on the 3rd Sept.,1971. For the year 1965 according to the workmen a sum of Rs. 1,18,000/- had been paid by way of bonus. According to the petitioners a sum of about Rupees 99,000/- was paid as bonus for the said year. The Tribunal noted the respective contentions and came to. a specific finding on the evidence before it that for the year in question, i. e., 1965 available surplus was Rs. 30,468/-. The Tribunal calculated the allocable surplus on such available surplus to be Rs. 18,280/- being 60 per cent of the available surplus and directed in the award as fallows: The petitioner contended that inasmuch as it had already paid a sum of Rs. 99,078/- as bonus, and as only Rupees 18,280/- was found to be the allocable surplus no further payment of bonus was necessary under the Payment of Bonus Act.;