Bal Raj Tuli, J. - (1.) THIS writ petition has been filed by the workmen of Haryana Roadways through their union, Haryana Roadways Workers Union, against the State of Haryana (Respondent 1), Industrial Tribunal, Haryana (Respondent 2) and the Provincial Transport Controller, Haryana (Respondent 3). The union of the workmen is a registered one which has also been recognised by the Haryana State Government. The union gave two notices to the Transport Controller, Haryana, in which several demands were made. The disputes between the parties mentioned in the said notices were settled by two different agreements which were executed on June 8, 1967 and October 26, 1967. Clause 4 of the agreement dated June 8, 1967 reads as under: That all the employees will be entitled to receive annual ex -gratia payment in accordance with the principles and provisions of Payment of Bonus Act, 1965 beginning from the accounting year 1966 -67 (ending 31st March, 1967). The payment of minimum of 4 per cent shall be made before 30th June, 1967 and the balance, if due, shall be paid as early as possible immediately after the audit. Clause 13 of the agreement dated October 26, 1967 reads as under: It is agreed that the department will submit a copy of the profit and loss accounts for the year 1966 -67 on the basis of the Payment of Bonus Act, 1965 with calculations about their admissibility of ex gratia to the Union by the 15th November, 1967 and payment due, if any, will be made by the 26th November, 1967. The headquarters clerical staff of the commercial wing will also be entitled to the ex gratia payment for the year 1966 -67 and onwards, with the sanction of Government.
(2.) AFTER the close of the accounting year 1966 -67 a balance sheet of the undertaking of the Haryana Roadways was prepare on the basis of which the Transport Department prepared a chart of allocable surplus for finding out what, if any, was the exact amount which was payable to the workmen in pursuance of Clause 4 of the agreement dated June 8, 1967. According to this chart there was no allocable surplus and no amount was payable to the workmen by way of ex gratia payment as was provided in Clause 4 of that agreement. The workmen, on the other hand, claimed that the management was not entitled to make any deductions out of the gross profits on account of the income -tax and the road tax and that the amounts of depreciation reserve fund, motor transport reserve fund and interest payable on capital were to be added back in accordance with Section 4 of the Payment of Bonus Act. The management also was of the opinion that accounting year 1966 -67 of the Haryana Roadways was from November 1, 1966 to March 31, 1967 whereas the workmen alleged that the year commenced from April 1, 1966 and ended with March 31, 1967. The dispute thus arose between the parties with regard to the interpretation of Clause 4 of the agreement dated June 8, 1967 and Clause 13 of the agreement dated October 26; 1967 for the determination of the allocable surplus as well as the period which formed the accounting year 1966 -67. The Governor of Haryana, by Notification No. ID/I/10/62 -165 dated January 1, 1966, referred the said dispute for adjudication to the Industrial Tribunal, Haryana, under Section 36 -A of the Industrial Disputes Act, 1947. The workmen filed the statement of their claims to which the management filed a written statement. The parties agreed net to lead any evidence before the Tribunal and confined the controversy mainly to two main points, that is, whether the management was entitled to deduct the sum of Rs. 11,57,424.00 on account of income -tax and Rs. 5,37,073.00 on account of road tax out of the gross profits in order to determine the allocable surplus and what was the period covered by the expression "the year 1966 -67" in Clause 13 of the agreement dated October 26, 1967. The learned Tribunal came to the conclusion that the management was entitled to the deduction of the said amounts out of the gross profits in order to determine the allocable surplus and on that basis there was no allocable' surplus and nothing was due to the workmen. The Tribunal was also of the opinion that the words "the year 1966 -67" in Clause 13 of the agreement dated October 26, 1967, meant the period from November 1, 1966 to March 31, 1967 and not from April 1, 1966 to March' 81, 1967. The award of the Industrial Tribunal is dated January 20, 1968 and was published in the Haryana Government Gazette (Extraordinary), dated February 6, 1968. Feeling aggrieved from the award, the workmen of the Haryana Roadways filed the present writ petition in this Court on April 24, 1968, which was admitted the following day.
(3.) THE written statement to the writ petition has been filed by Shri Shiv Kumar, Deputy Transport Controller, Haryana, to which the Petitioners have filed a replication.;