This application has been made under Standing Order 18(b) of the West Pakistan Industrial & Commercial Employment (Standing Orders) Ordinance, 1968. The case of the applicant being that he was employed with the respondent-bank, that lie resigned from service with them as from 5-7- 1969, and that he was informed that the bonus for 19:,9, would be paid when it was declared.
Paragraph 3 of the application further stated that the respondents have distributed bonus to the employees and that when the applicant approached them, he was refused it even on a pro rata basis. The applicant sent a grievance latter to the respondents on 1-12-1969, to which the respondents replied on 4-12-1969. The application is also sought to be urged on ground of established custom, usage and practice, the contention being that the respondent had in the past paid bonus to the employees who were not in service at the the of distribution of bonus, and that the applicant was being singled out and the principle departed from by the respondent.
2. In-their reply statement, the respondents admitted that the applicant was a stenographer when he resigned as from 4-7-1969, but they deny that bonus was promised to be paid to the applicant when it was declared. They have their case on a notice dated 28-11- 1969, by which one month's basic pay including all allowances was paid to all employees of the respondents who had completed one year's service as on 31st of December 1969, which would be paid only to those employees who were in service of the respondent-bank on the 31st of December 1969.
3. Mr. Mahmood Abdul Ghani, learned counsel for the respondents has relied on the observations of Cornelius, C. J., in Pakistan Petroleum Workers' Federation v. Burmah Shell Oil. & Storage Distributing Co. Of Pakistan Ltd. (1961 PLC 1176) to the following effect: "The worker who leaves the service of the company -of his own accord or is discharge upon notice in the course of the year, or who has been dismissal for misbehaviour, become disentitled in my opinion to grant of a-bonus at the end of the year."
4. There is no doubt that the payment of bonus to the em--ployees of the respondent-bank and in reference to the applicant would be governed by the circular dated 26-11-1969, issued by the respondent-bank. The terms and conditions for the payment of bonus are quite clear and since the applicant had resigned from service of the respondents as from 4-7-1969 he would not be entitled to bonus. Accordingly this application is dismissed.