JUDGMENT : 1. The Industrial Court at Bombay, established under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 received a complaint on behalf of the appellant union that there was a failure on the part of the respondent- Company to pay bonus to its employees which amounted to an unfair labour practice. Three categories of the employees, namely, those receiving salary upto Rs. 750/- per mensem, those receiving salary from Rs. 750/- to Rs. 1600/- per mensem and those receiving Rs. 1600/- and above per mensem were paid bonus. So far as the first category is concerned, there apparently is no dispute. The dispute with regard to the other two categories centres in not discovering the nature of bonus paid, the employees contending that it was customary bonus, custom having ripened by a long course of conduct. The Industrial Court held that the employees had not been able to prove that such custom stood established. It also took into account that even observance of the suggested course of conduct stood disrupted by intervening settlements negating the existence of such custom. The employees having lost the action and being now in appeal have attempted not to confine the dispute within the parameters as raised before the Industrial Court. It has rather widened its ambit in an unmanageable dimension which cannot be settled in this Court without explanatory evidence being led in the matter. 2. We notice that the attention of the Industrial Court has not been invited to Section 17 of the Payment of Bonus Act, 1965 where under sums paid as customary bonus are deductible from the amount of bonus payable under the Act. It is noteworthy that payment made under the Act is referable to payment either under Section 10 or 11, as the case may be. It is also significant that in view of the definition of word "Employee" as then existing in Sub-Section 13 of Section 2 an employee getting salary or wage above 1600/ - per mensem is not covered under the Act. Factually, it has not been denied that the employees getting wage or salary above 1600/- were paid bonus. It is also significant that in view of the definition of word "Employee" as then existing in Sub-Section 13 of Section 2 an employee getting salary or wage above 1600/ - per mensem is not covered under the Act. Factually, it has not been denied that the employees getting wage or salary above 1600/- were paid bonus. Factually it has also not been denied that though, for purposes of payment of bonus, salary or wage at the rate of 750/- stands frozen and the remaining amount upto Rs 1600/- not reckon-able, yet payment of bonus was made on the actual payment of salary or wage. What would be the character of such payment is one question? Would such payment be under the Act or would it be of an existence apart, outside the purview of the Act is the other? All these questions seem to have escaped the attention of the Tribunal. Therefore, as presently advised, we deem it improper to pronounce on these questions without having the advantage of the views of the Industrial Court in the matter; more so, on this evidence and material, which find itself revealed in the present paper book. Therefore, we set-aside the order of the Industrial Court and remand the matter back to it for re-decision of the matter in accordance with law. Needless to state that this order of ours should not be construed in any manner as an expression of any opinion on the orders of the Industrial Court on matters so far decided. They are open heave because of the new dimension. For these reasons the matter is remitted back to the Industrial Court at Bombay. Since this is a very old matter and pertains only to one year i.e. 1974-75 it would be appreciated if the Industrial Court can given it top priority. The appeal is disposed of in these terms. No costs.