P.B.MUKHARJI, J. - (1.) THE conclusions of the Sixth Industrial Tribunal on three specific issues are challenged by the petitioners in this case under Article 220 of the Constitution. The Tribunal gave its award on 22 -2 -1957 on as many as seven different issues referred to it by the Government order dated 5 -9 -1956. No complaint is made in this application on the first four issues as determined by the Tribunal.
(2.) THE three issues upon which the Tribunal's decision is attacked on this application are (1) the Pujah Bonus; (2) the amendments of the Standing Orders and (3) whether the workers of the dyeing section are entitled to any relief for the transfer of the dyeing section and it they are entitled to the same terms of employment under the lease holder. On the first point of bonus, it will be useful at the outset to state the findings of the Tribunal. The Union claimed bonus as one of the conditions of service of the workers. The petitioners case was that bonus was granted out of bounty when profits were earned. The Tribunal has found as a fact that bonus was not paid in an unbroken sequence and rates also varied. Therefore, the Tribunal came to the conclusion that the only contention of the Union that there was an implied agreement for payment of Pujah bonus as a condition of service must fail.
(3.) NOTWITHSTANDING these findings of fact, the Tribunal, however, has awarded fifteen days' basic wages at the existing rates by way of bonus to be paid within a month of publication of the award. The only ground for doing so is stated by the Tribunal to be that during the conciliation proceedings, the petitioner made an offer of bonus equal to fifteen days' wages for an Overall settlement of the dispute before the Labour Commissioner. The conciliation, however, did not result in a settlement and hence the matter came up before the Tribunal. The Tribunal says that because the allegation of such offer before the Labour Commissioner was not contradicted in the written statement of the Firm, therefore, 'in the fitness of things, the offer should be enforced'. The offer is not disputed by the Management but the Management contended that what was an offer and what was turned down should not on the ground of offer alone be converted into an award without real adjudication.;