Appeal No 390 of 1966
Appeal by special leave from the Award dated January 11 13 1964 of the Industrial Tribunal Orissa Cuttack in Industrial Dispute Case No 8 of 1962
DL Sengupta Janardan Sharma Anil Das Chowdhury and SK Nandy for the appellants
HR Gokhale K Gobind Das NC Shah Krishna Sen and R Gopalakrishnan for the respondent
The Judgment of the Court was delivered by Bhargava J
The workmen of Orient Paper Mills Ltd Brajrajnagar have come up in this appeal by special leave against an award of the Industrial Tribunal Orissa
An industrial dispute between these workmen and the management of Orient Paper Mills Ltd hereinafter referred to as the Company was referred by the State Government under section 101 d of the Industrial Disputes Act hereinafter referred to as the Act for adjudication by the Tribunal enumerating 30 different items of dispute
The Tribunal gave its award on all the thirty items
The special leave in this Court was sought and granted in respect of two matters covering some of these items
The first matter related to fixation of wages including minimum wages and this was covered by items Nos 1 3 4 22 and 26 in the Schedule attached to the Order of Reference
The second matter in the appeal related to bonus covered by item No 2 of that Schedule
In the course of the hearing of the appeal learned counsel appearing on behalf of the workmen further gave up some of the points which were the subject matter of the items mentioned above so that in this judgment we need deal with only those points which were argued by him in support of the appeal
The first and the main point argued with regard to wages was that the Tribunal after holding that there was no identical industry in this region comparable with the Company came to
the view that there were other industries in the region in which minimum wages were higher than the minimum wages paid by the Company but failed to fix the minimum wages in the award in accordance with the minimum wages being paid in those industries
Instead what the Tribunal did was to work out the minimum wages which should be paid on an entirely different basis
It was also urged in the alternative that even in adopting the latter course the Tribunal committed an error inasmuch as in making the calculation the Tribunal only tried to neutralise about 36 per cent of the cost of living 9n the basis of the rise in Price Index instead 669 of permitting neutralisation to the extent of at least 90 which could have been done when fixing the minimum wages for the owest class of workmen
The principle for fixation of minimum wages that should ordinarily be adopted was laid down by this Court in the case of French Motor Car Co Limited
vs Workmen1 where it was held  It is now well settled that the principle of industry cum region has to be applied by an Industrial Court when it proceeds to consider questions like wage structure dearness allowance and similar conditions of service
In applying that principle industrial courts have to compare wage scales prevailing in sinular concerns in the region with which it is dealing and generally speaking similar concerns would be those in the same line of business as the concern with respect to which the dispute is under consideration
Further even in the same line of business it would not be proper to compare for example a small struggling concern with a large flourishing concern
 The Tribunal in giving its decision kept this principle in view but came to the finding of fact that there were no other concerns in the same line of business as the Company in the region which could be compared with the Company
The Tribunal found that there are only two other paper mills in the region
They are Titaghur Paper Mill No 3 situated at Chaudwar and the JK Paper Mills at Rayagada
The Tribunal found that the Company is an old established business carrying on manufacture of paper on a very large scale
The Titaghur Paper Mill No 3 started production only in April 1960 while the JK Paper Mills at Rayagada started production in 1961 62
These two Paper Mills were therefore both of very recent origin compared with the Company
The strength of their labour force and the annual production were also very mueh lower
Even the profits earned were much smaller
On these facts the Tribunal held that it would not be proper to compare the wage structure for these Paper Mills with that of the Company
TIffs is a finding of fact recorded by the Tribunal and nothing has been shown by learned counsel for the Company which would induce us to interfere with this finding of fact
In fact learned counsel was unable to urge that this finding of fact suffered from any error at all
On this finding it is clear that the region cure industry principle laid down in the ease of French Motor Car Co Ltd 1 could not have been applied by the Tribunal when fixing the wages in the Company
1 1963 Supp 670 This Court in the same case of the French Motor Car Co x further indicated what principles should be adopted in such a situation where there is no concern in the same industry in the region comparable with the concern in which wages have to be fixed
That situation was envisaged as occurring whenever the particular concern in question happens to be already paying the highest wages in its particular line of business
It was held that such a case there should be greater emphasis on the region part of the industry cum region principle though it would be the duty of the industrial court to see that for purposes of comparison such other industries in the region are taken into account as are as nearly similar to the concern before it as possible
Though therefore in a case where a particular concern is already paying the highest wages in its own line of business the industrial courts would be justified in looking at wages paid in that region in other lines of business it should take care to see that the concerns from other lines of business taken into account are such as are as nearly similar as possible to the line of business carried on by the concern before it
It should also take care to see that such concerns are not so disproportionately large as to afford no proper basis for comparison
 In the light of these views which were brought to the notice of the Tribunal the Tribunal proceeded to consider the minimum wages paid by three Collieries Orient Colliery Ibe Colliery and Himgiri Rampur Colliery the Rourkela Steel Plant the Cement Factory at Rajgangpur and the Indian Aluminum Company Hirakud which the Tribunal found were situated not very far away from the place where the Company had its factory
The Tribunal mentioned that according to the Coal Award the minimum wage in the Collieries at the then existing Price Index was Rs 93 7 0 in the Cement Factory Rs 9688 in the Steel Plant Rs 9500 and in the Aluminium Company Rs 9784 nP The Tribunal then also took into account the minimum wages being paid by other Paper Mills situated outside the region and thereafter recorded its own decision in the following words  The conclusion that flows from these figures is that the lowest paid worker in the Paper Mill at Brajrajnagar gets more than what is paid as minimum wage in the other two Paper Mills of Orissa but it is less than what is paid to the lowest paid worker in some of the Paper Mills outside the State
In other industries which are comparatively close to the paper industry at 1 1963 Supp
671 Brajrajnagar the minimum wage is above Rs 90 in almost all the cases
 On the basis of this finding of fact the Tribunal held that if the minimum wage in the Company is to be fixed more on the basis of the minimum wage prevailing in other industries in that region which in its opinion would be appropriate under the circumstances of the case then a revision was really necessary
We think that the criticism of learned counsel for the workmen that the Tribunal committed an error at this stage in merely holding that the facts found by it justified a revision and in not proceeding to fix minimum wages on the basis of the other industries in the region is fully justified
It is to be noted that there is no mention in the award of the Tribunal that the Company at any stage put forward the case that the Collieries the Steel Plant the Cement Factory and the Aluminjure Company were concerns which were not comparable with the Company
In fact in the course of arguments before us we asked learned counsel for the Company to point out whether such a plea was taken at any stage by the Company and whether evidence was led to show that these concerns were not comparable with the Company
Learned counsel had to admit that no specific plea was taken by the Company in this behalf and at least no evidence at all was led to show that these concerns are not comparable with the Company
The workmen in their written statement had relied on the wage structure in these concerns obviously on the basis that they were comparable
Since the Company never took the plea that they were not comparable no occasion arose for the workmen to give evidence of the concerns being comparable
In fact the Tribunal also accepted them as being comparable and that is why in its conclusion the Tribunal held that in its opinion it would be appropriate under the circumstances of the case to fix the minimum wage in the Company on the basis of the minimum wage prevailing in other industries in that region
By the expression other industries in the region the Tribunal was obviously referring to these concerns
Having come to this view it is clear that to give full effect to the principle laid down by this Court the case of French Motor Car Co1 the Tribunal should have proceeded to fix the minimum wage in the Company on the basis of the average minimum wage prevailing in these concerns
We have already quoted the figures of the minimum wage prevailing these concerns
On their basis it appears to us that there will be full justification for fixing the minimum wage in the Company at Rs 95 per mensum which is about the average of the wages prevailing in all those concerns
In this connection we may take notice of the fact that in the written statement of the workmen the minimum wages prevailing in these concerns were 1 1963 Supp 672 shown at figures lower than those mentioned by the Tribunal but it appears that those lower figures were given because the wages mentioned in the written statement were based on a lower Price Index
The Tribunal considered the minimum wages in these concerns on the basis of the prevailing Price Index of 441 a  Sambalpur taking 100 as the basic Price Index for the year 1939 Even when fixing the minimum wage for the Company on the basis of the alternative calculation made by the Tribunal the Tribunal has proceeded on the assumption that the minimum wage is being fixed for the Price Index No 441 prevailing at the time of the award taking 100 as the basic index for the year 1939 In these circumstances we think that the minimum wage in the Company should have been fixed by the Tribunalmensera following the principle laid down by this Court in the case of French Motor Car Co1
The Tribunal should not have proceeded to make the alternative calculation on some other basis so as to arrive at a lower figure of Rs 73 pm as the wage covering the basic wage and the dearness allowance in addition to Rs 11 pto
payable as production bonus
Learned counsel for the Company urged before us that the principle of fixation of wages on the basis of Comparison in the region laid down in the French Motor Car Co s case1 is not rigid and it is not
necessary that the minimum wage
in the Company must be fixed at the average level of wages in the other comparable industries in the region
According to him note should be taken of the fact that at least  in the paper industry in this
area the other concerns are paying much lower wages
This point has to be rejected straightaway in view of the finding that
those concerns are very small and not comparable with the Company
It was also urged that in fixing the minimum wage the wages payable in the paper industry in other
parts of the country
should also be kept in view
We do
not think that such a consideration should be taken
into account
when applying the principle of fixing the minimum wage primarily on the basis of comparison
between
different industries
in the same region
Finally it was argued that other amenities being provided by the Company should also be taken into account when fixing the minimum wage
In this case however there is nothing to show that the Company is providing any such amenities which are different from the amenities that are being provided by those concerns in the region which
are beingcompared with the Company for the purpose of fixation of the minimum wage Consequently we do not think that there is any justification for departing from the figure of Rs95 which is the average minimum wage payable by those industries 1 1963 Supp
673 We may at this stage take notice of the fact that in con sidering the question of minimum wage the Tribunal had in view the total wage packet to be received by each workman and in the opinion of the Tribunal it consisted of three elements
These elements are basic wage dearness allowance and production bonus
The Tribunal in its award held that the minimum wage in so far as it consists of basic wage and dearness allowance should be fixed at Rs 73 and there should be paid in addition production bonus to the extent of Rs 11 in each case
Thus the total minimum wage packet which a workman should be entitled to receive was fixed by the Tribunal at Rs 84
It is for this figure of Rs 84 that we think the Tribunal should have substituted the figure of Rs 95
From the facts noted in the Award or appearing on the record it appears that production bonus in addition to the minimum wage is payable in the case of Aluminium Company Hirakud but there does not appear to be any production bonus payable in the three Collieties in the Steel Plant and in the Cement Factory
In the majority of the industries which are being compared with the Company in the region consequently the minimum wage is the total wage packet receivable by the workman and there is no extra amount received as production bonus
There is only an exception in the case of Indian Aluminium Company
That particular Company it appears has some special features which have been brought out in the evidence of the Management s witness BB Panda
He has stated that the Alumihium Factory at Hirakud carries on its work with the help of highly automatic machines and is  supplied electricity by the Government at subsidised rates
The nature of work is such that the total number of workmen employed does not exceed 125 which is a very small number as compared  with the number of workmen employed by the Company
It is clear that in the Aluminium Factory the number of workmen who have to be paid production bonus is very small and almost insignificant as compared with the number in the Company In these circumstances it would be more appropriate to compare the total wage packet of the Company with the wage packet received by the workmen of other industries in the region viz the three Collieries the Rourkela Steel Plant and the Cement Factory at Rajgangour
Comparing with them there is justification for fixing the total wage packet of the workmen in the Company at Rs 95 which would include production bonus
So far as annual profit bonus is concerned it is payable in the Company also as in those other concerns
Consequently in varying the award of the Tribunal we would direct that the total minimum wage packet of a workman in the Company shall be fixed at Rs 95 consisting of  the three elements of basic wage dearness allowance and production bonus
The break up of this wage into the three elements is of some importance in this case because of the principle on which the 674 profit bonus is paid by tiffs Company
The profit bonus that is paid is three months  basic wage and does not take into account the dearness allowance and the production bonus elements of the total wage
The Company has always treated the total wage of a workman as consisting of these three elements in the proportion of 33 1
On behalf of the workmen it was urged before the Tribunal that the proportion should be 3 1 1 so that the production bonus and the dearness allowance would both be equal and 13rd of the basic wage
This plea of the workmen was rejected by the Tribunal primarily on the ground that the other break up urged on behalf of the Company was the break up which had been accepted by mutual consent between the workmen and the Company in an earlier settlement which had been arrived at in the year 1959
We are unable to hold that the Tribunal committed any error in arriving at this decision and consequently the total minimum wage fixed by us must also be deemed to have the same break up
As a result it would have to be held that the total minimum wage of Rs 95 will consist of Rs 41 as basic wage Rs 41 as dearness allowance and Rs 13 as production bonus
In connection with the fixation of minimum wage one point vehemently argued by learned counsel for the workmen was that at least the dearness allowance element of the wage should have been made variable with the Price Index so that the labour could automatically be compensated for further rise in the cost of living subsequent to the making of the award
Learned counsel was however unable to show to us that this Court or any other Tribunal has ever laid down the principle that where the dearness allowance forms a part of the consolidated wage fixed there should be such linking so as to bring in continuous variation of the wage depending on the variation in the Price Index
It appears to us that an Industrial Tribunal has the discretion in appropriate cases of making a direction linking the dearness allowance element of a wage to the Price Index but at the same time the Tribunal is entitled to choose the alternative course of fixing the wage at the prevailing Price Index and leaving the labour to raise a fresh demand and if necessary a fresh industrial dispute for further rise in wages in case there is marked variation in the Price Index and the wage fixed in the award becomes out dated
Reference in this connection may be made to the decision of this Court in Hydro Engineers Pvt Ltd vs The Workmenx where also the Court did not hold that it was compulsory to link minimum wage with the cost of living index and only envisaged that such linking may be permissible by holding that  It is thus clear that the concept of minimum wage does take in the factor of the prevailing cost of essen 1  675 tial commodities whenever such minimum wage is to be fixed
The idea of fixing such wage in the light of cost of living at a particular juncture of time and of neutralising the rising prices of essential commodities by linking up scales of minimum wages with the cost of living index cannot therefore be said to be alien to the concept of a minimum wage
 In the present case the Tribunal chose the course of leaving it to the workmen to ask for increase in minimum wage on any further rise in Price Index and did not consider it advisable to link the wages with it
In fact from the Award it appears that so far as the Tribunal was concerned the workmen did not press for such linking when the award was being given
Consequently we are unable to hold that the Tribunal has committed any error and that in this respect any interference by us is called for
The only other point argued before us in respect of wages by learned counsel was that casual workers should also be paid minimum wages on the same basis as the permanent workers for whom the minimum wage was fixed by the Tribunal which is being varied by us by increasing it to a total wage packet of Rs 95
It appears that the Tribunal did not accept this demand primarily on the ground that the distinction between casual workers and  the permanent workers was recognised by both the parties in the agreement of 1959
It may be noticed that by the very nature of employment being casual it can be presumed that a casual worker is on a lower footing and cannot expect the same wagesas a permanent employee
Therefore the decision by the Tribunal not to equate the casual workers with the permanent employees
cannot be held to be incorrect and must be upheld
The Tribunal had directed that the increase of Rs 12 pm in the total minimum wage packet allowed by it will enure to the benefit of the lowest paid female badIi and permanent dailyrated workers also
This principle will remain effective with the modification that these workers will be entitled to the increase of Rs 23 pm substituted by us for the increase of Rs 12 allowed by the Tribunal
Learned counsel appearing for the Company drew our attention to the fact that the revised wages are payable with effect from 13th December 1962 and by this time a period of 5 to 6 years has elapsed so that the Company will have to pay arrears of wages for this long period
It was urged that this would cast a very heavy burden on the Company
We do not think that this reason advanced on behalf of the Company will justify our making a direction that the increase in wages should be effective from some later date
The previous agreement of 1959 was binding only up to 12th December 1962 and we think that the Tribunal 213 Sup
CI68 12 676 was right in directing that the revised wages must take effect from 13th December 1962
Even though arrears will have to be paid for about 6 years it has to be kept in view that since then there has been a very considerable rise in the Price index and the labour has not so far raised a fresh dispute for a further revision of wages over and above the wages fixed by the Tribunal which are being now refixed by us
In all these circumstances we think that the revised wages should take effect from 13th December 1962
The only other dispute raised in this appeal related to the bonus for the year 1962 63
Initially the workmen had challenged the decision of the Tribunal with regard to bonus for all five years from 1959 60 to 1963 64 but in the course
of arguments at the last stage before us learned counsel for the workmen confined his arguments to the bonus for the year 1962 63 only
The main point urged by learned counsel was that in giving the decision with regard to bonus for this year the Tribunal committed the error of not making calculation of surplus available on the basis of the Full Bench Formula approved by this Court in the case of The Associated Cement Companies Ltd Dwarka Cement Works Dwarka vs Its Workmen and Anotherx The Company is paying profit bonus equivalent to three months  basic wage of each workman
The demand made by the workmen was for bonus equivalent to six months  wages and the argument was that if the Tribunal had worked out the surplus available on the correct basis that surplus would have certainly justified grant of profit bonus at the rate of six months  wages
This argument fails because it appears to us that the demand as put forward before the Tribunal for bonus equivalent to six months  wages was in fact never made by the workmen on the basis that the surplus calculated under the Full Bench Formula would justify bonus being granted at that rate
The tribunal in this connection has quoted the pleading of the workmen in their written statement before it
The pleading makes it clear that the claim for six months  wages was not based on the Full Bench Formula but on the ground that certain clerical staff was being paid bonus which in effect amounted to about six months  basic wages because the bonus was calculated in their case by taking into account the consolidated wages including dearness allowance while in the case of the workmen the dearness allowance element of the wages was being ignored and bonus was calculated only by taking into account basic wages
We agree with this interpretation of the pleadings of the workmen
Further there is one very significant circumstance viz that this dispute was raised by the workmen before the expiry of the year 1962 63
Initially there was an attempt that the dispute be referred to the Industrial 11959 SCR 925
677 Tribunal under section 102 of the Act on the basis of an agreed enumeration of subjects of dispute drawn up by the workmen and the Company together
That reference under section 102 of the Act however failed due to some technical defect
The reference was ultimately made by the Government under section 101 of the Act but it was made in the same form in which the parties had agreed to
refer it
The reference was made by the Government on the 4th October 1962
At that time the year 1962 63 was still running and the accounts for that year could not possibly have been closed and made available
The balance sheet and the profit and loss
account of that year could only be prepared after the closure of the year on 31st March 1963
In fact the reference included a dispute even for the year 1963 64 which year had not even started running
On the face of it at the time of the reference there could be no question of applying the Full Bench Formula for calculation of surplus because there were no completed accounts for the two years 1962 63 and 1963 64
This circumstance makes it clear that the claim for higher bonus could not at the time of reference have been based on the availability of surplus according to the Full Bench Formula
The Tribunal was therefore quite correct in not trying to work out the surplus according to the Full Bench Formula and in awarding bonus on that basis
In this connection learned counsel for the workmen urged that at least by the time when the Award was given the completed accounts for the year 1962 63 were available but it seems to us that this circumstance is of no assistance
The award had to cover the year 1963 64 also and at least for that year the accounts could not possibly have been completed as that year was still running when the award was given by the Tribunal on the 11 th January 1964
Further the Tribunal was expected to decide the dispute only as referred to it and at the time of reference at least there was not and there could possibly not be a claim for higher bonus on the basis of the application of the Full Bench Formula
The claim was in fact based on the circumstances that according to the workmen the bonus in their case was being calculated as equivalent to three months  basic wages while the case of some clerical staff the calculation was made on the basis of their consolidated wages consisting of basic wages and dearness allowance
The argument is incorrect
In the case of even the lowest paid clerical staff to whom dearness allowance is separately payable the bonus is only calculated on the basis of basic wages and the dearness allowance is ignored
There is some clerical staff which does not get any dearness allowance at all and it is only in those cases
that the bonus is worked out on the basis of the total wages paid
In such cases the calculation is still on the basis of basic wage because it cannot be assumed that their wage is a consolidated wage consisting of the two 678 elements of basic wage and dearness allowance lumped together
In fact the principle which is being applied is the simple one of calculating the bonus payable at the rate of three months  basic wage in each case and in no case is the dearness allowance taken into account
There is therefore no discrimination or inequality as urged on behalf of the workmen
Finally it was urged that even the casual and badIi workers should be allowed bonus on the same basis as the permanent workers
The Tribunal rejected this demand on the ground that under the Agreement of 1959 the workmen and the Company had agreed specifically to exclude these classes of workers in regard to payment of bonus
We are unable to hold that the Tribunal committed any error of law requiring interference by us in basing its decision on the principle contained in the earlier Agreement of the parties and in holding that there was no justification to introduce a new element of payment of bonus to casual and badIi workers at this stage
The claim in this respect also fails
As a result the appeal is only partly allowed inasmuch as the minimum wage fixed by the Tribunal in the Award is carried as indicated by us above
The rest of the Award of the Tribunal is upheld
Since in this appeal the principal dispute related to the fixation of minimum wage of the workmen and we are allowing the appeal of the workmen in that respect we direct that the workmen will be entitled to their costs of this appeal from the Company
VPS Appeal allowed in part


Summary:
An industrial dispute regarding fixation of wages and bonus between the respondent paper mills and its workmen the appellants was referred to the Industrial Tribunal in October 1962 and the reference included a dispute about bonus payable for the years 1962 63 and 1963 64
The Tribunal held 1  that there were in the region no  other concerns in the same line of business which could be compared with the respondent but that there were three collieries a steel plant a cement factory and an aluminum company in the region which were comparable with the resportdent that as the minimum wage in those industries which was about Rs 95 was above that of the respondent a revision of the minimum wage in the respondent mills was justified
that such minimum wage should be fixed for the price index prevailing at the time of the award taking 100 as the basic index for the year 1939 and that on that basis the basic wage and dearness allowance should be Pa 73 and that Pa 11 was payable as production bonus 2 that the dearness allowance element need not be linked to the price index but that wage should be fixed at the prevailing price index leaving it to the workmen to ask for increase in minimum wage on any further rise in price index 3  that the revised wages were payable with effect from 13th December 1962 4 that the three elements of basic wage dearness allowance and production bonus which make up the total minimum wage packet of Rs 84 Rs 73  Pa 11 should be in the proportion of 3 3 1 and that profit bonus was payable at three months  basic wage
The proportion of 33 1 was fixed by the Tribunal because under an agreement of 1959 the management and workmen accepted that proportion by mutual consent
On the basis of that agreement the Tribunal also held that 5 casual workers should not be equated to permanent workers for purpose of minimum wages and that casual and radii workers should not be allowed bonus on the same basis as the permanent workers 6 The appellants also claimed before the Tribunal 6 months  basic wage instead of 3 months  basic wage which was being paid by the respondent on the assumption that certain before staff were being paid as bonus 3 months  consolidated wage consisting of basic wage and dearness allowance but the Tribunal rejected the claim
In appeal to this Court
HELD 1 This Court laid down in French Motor Car Co Ltd vs Its Workmen 1963 Supp
that where there is no concern in the same industry in the region comparable with the concern in which wages have to be fixed greater emphasis should be laid on the region part of the industry cum region principle
To give full effect to this rule the Tribunal should have proceeded to fix the minimum wage in the respondent mills on the basis of the average minimum wage prevailing 667 in the other industries in that region
The respondent was not providing any amenities which should be taken into account in fixing the minimum wage different from the amenities provided by those concerns in the region which were being compared
Therefore the Tribunal should have fixed the minimum wage packet at Rs 95 per mensem which was the average wage prevailing in all those concerns and should not have fixed the wages on an entirely different basis
671 F H 672 G H 2 The Industrial Tribunal has the discretion in appropriate cases of making a direction linking the dearness allowance element of a wage to the price index or to fix the wage at the prevailing price index leaving the labour to raise a fresh demand and if necessary a fresh industrial dispute for further rise in wages in case there is marked variation in price index and the wage fixed becomes outdated and therefore
the Tribunal was not wrong in choosing the latter alternative
674 F G 675 B Hydra Engineers vs The Workmen   referred 3 This direction  was objected to by respondents on the ground that the respondent may have to pay arrears for 5 or 6 years which would be a heavy burden
But the previous agreement of 1959 was binding only upto 12th December 1962
So the Tribunal was right in directing that the revised wages should take effect from 13th December 1962 in view of the considerable rise in the price index and the fact that the labour had not raised a fresh dispute for a further revision of wages since the date of the award
675 G H 4 No error was committed by the Tribunal in the break up of the wages into the 3 elements of basic wage dearness allowance and production bonus in the proportion of 3 3 1
The contention of the workmen that the proportion should be 31 1 so as to increase the basic wage element and consequently the profit bonus
was rightly rejected by the Tribunal because
the proportion of 331 was accepted by mutual consent
674 B C 5 The distinction between casual workers and permanent workers for purpose of minimum wage and casual and badli workers on the hand and permanent workers on the other for purpose of bonus was recognised by the parties themselves in the agreement of 1959 and therefore the Tribunal was right in keeping up the distinction in its award
675 D E 678 B C 6 The allegation that some clerical staff was receiving what amounted to 6 months  basic wage as bonus was incorrect
There was some clerical staff which did not get any dearness allowance and the bonus in their case was worked out on the basis of their wages which was only the basic wage
The appellants were wrong in assuming that the wage of such clerical staff was a consolidated wage consisting of the 2 elements of basic wage and dearness allowance
Therefore the appellants could not claim 3 months  consolidated wages as bonus which would amount to 6 months  basic wage
677 G H 678 A B It could not be urged by the appellants that calculation of available
surplus for purposes of bonus should have been on the basis of the Full Bench formula approved by this Court in Associated Cement Companies Ltd vs Its Workmen  for justifying 6 months  basic wages as bonus because that was not the basis of the claim before the Tribunal
Further the Tribunal was expected to decide the dispute only as referred to it and at the time of the reference the accounts for the years 1962 63 and 1963 64 could not have been available and therefore 668 there could not possibly be a claim for higher bonus on the basis of the application of the Full Bench Formula
676 D F 677 C D