P.B.Mukharji, J. - (1.)In this application under Article 226 of the Constitution, the Management of M. Tilak and Co., a transport business firm, seeks for a writ of certiorari to set aside the awards of the Industrial Tribunal and the Labour Appellate Tribunal. Many disputes were referred to the Industrial Tribunal of which only two are now important. The first one was : "What should be the quantum of bonus for the years 1951, 1952 and 1953"? The second one was whether the workers were eligible to receive wages for the entire strike period from the 26th August, 1953 to the 11th February, 1954.
(2.)The Industrial Tribunal by its award dated August 18, 1953, decided that bonus equivalent to one month's basic wages for the year 1951 and bonus equivalent to two months' basic wages for the year 1952 should be paid to the workmen who were on the muster roll of the Company respectively during these respective financial years. The question of bonus for the year 1953 was left open and not decided. The Labour Appellate Tribunal varied this finding of the Industrial Tribunal by holding that there was no available surplus for the year 1950-1951 and, therefore, no bonus was payable for the said year. It, however, maintained the Tribunal's finding that two months' basic pay as bonus should be paid for the year 1951-1952.
(3.)On the other issue of wages during the strike period, the Tribunal came to the finding that the strike was unjustified but it awarded that the workmen should receive wages for only a portion of that period being from the 4th February 1954 to the 11th February 1954. The reason for granting wages for this period, even though the strike was held to be unjustified, is the fact that by the settlement dated the 3rd February 1954, the strike was withdrawn from the 4th February 1954, when the Company agreed to grant ten days' time for resumption of duty and when it further stipulated that the actual work should begin from the 12th February 1954. This decision does not seem to be unfair. The strike was withdrawn unequivocally from the 4th February 1954. From the agreement, it is clear that the Company granted ten days' time from the 4th February 1954 to the workmen to resume duty. This particular decision of the Tribunal was upheld by the Labour Appellate Tribunal.