contractor plus a fixed fee. The target sum for the work was Rs. 66,294,000. The overheads were D.M. 2,800,000/plus Rs. 2, 120,000/- and the fee of Rs. 6,200,000/-. The work was to be carried out as detailed in the drawings, bills of quantities, specifications and other written orders~ issued or to be issued by the company. All payments in respect of wages and salaries and connected payments made to persons engaged upon the wo'rk as may be approved by the company, comprising wages of all operatives as well as all other payments connected with wages were to be paid hy t'he company. Any increase beyond the initial rates specified in Enclosure Ill to the contract was to be subject to the approval of the company and such approval was to be taken in respect of categories and not individuals. Emoluments of site supervisory staff as well as all other payments connected therewith were also to be paid by the company. Payments made to statutory schemes in connection with sickness or accident or provident fund or pension or other like schemes to the above categories, payments of overtime and additional remuneration for Sunday, holiday or night work etc., and payments for leave and travelling cost were all to be made by the company. It was also provided that the cost of any other expenditure was to be admitted only on satisfactory proof being given by the contractor that such expenditure was necessary in connection with the preparatton and execution of the work. The company was to open an imprest account of Rs. 30,00,000/- and the contractor was to draw on the account to cover his day-to-day requirements for the work. The imprest was to be increased or decreased from time to time depending on the amount required by the contractor to do the work. The contractor was to submit fortnightly cash account covering the expenditure incurred from the imprest account and the company was to recoup the amounts covered by such account within seven working days. Once in three months the contractor was to be paid a part of the fixed amount of overheads pro rata to the target cost of work done during the preceding three months. Once in six months he was to be paid three-fourths of the fee proportionate to the target cost of the work done in the preceding half year. Enclosure III also set out the rate of wages for unskilled labourers, khalasi, mason, fitter or carpenter. If the contractor completed the work prior to the 30th September, 1960 he was to be paid, exclusive of such sums as may be due to, or from, him a bonus equivalent to Rs. 2,00,000 /-for every complete month by which the actual completion of the work precedes the 30th September, 1960. The terms of the contract have been set out at some length as they have a relevance to the question of bonus payable to the workers because the question now agitated before this Court is that the Industrial Tribunal should be asked to decide who is to pay the 9onus, if bonus is payable to the workmen, the contractor or the company.
