GAJENDRAGADKAR, J. - (1.) THESE two appeals arise from an industrial dispute which was referred by the Central Government for adjudication between the Jagrakhand Collieries Ltd., (hereinafter called the appellant) and its workmen (hereinafter called the respondents) under Cl. (c) of Sub-sec. (1) of S.10 of the industrial Disputes Act 14 of 1947. The reference in question was made in these words : Are the workmen of the Jagrakhand Collieries who were not entitled to any increase in wages under Para. 1 of the notification issued by the Korea State Government dated 15 November, 1947, entitled to any increase in wages in accordance with Para. 2 thereof, and if so, to what extent and from which date such increase should be allowed ?
(2.) THIS order of reference was passed on 6 June 1955. The appellant is the owner of three coal mines, viz., The North, Jagrakhand Colliery, the South Jagrakhand Colliery and the West Jagrakhand Colliery. All the said coal mines are situated in an area that once formed part of the Indian State of Korea. On 15 November, 1947, Mr. Sohan Lal Srivastava, the Chief Minister of Korea State issued a notification for the purpose of assuring minimum wages to colliery workers.
(3.) THE notification began with the recital that there has been a general rise in the prices of essential commodities which necessitated a positive policy to bring about an improvement in the conditions of workers in the coal mining industry. It also referred to the fact that wages of colliery workers had been increased in the coal fields of Bengal, Bihar, Orissa, the Central Provinces and Berar, and that the said increase was bound to have repercussions on the coal fields of Korea State. That is why the notification in question was issued. Clause (1) of the notification prescribed minimum basic wages which had to be paid to workers for an eight-hour shift. These workers were classified under four categories which were sub-divided into several other categories and a minimum basic wage was prescribed in respect of each one of the sub-categories. Clause (2) with which we are directly concerned provides :"any class of employees not entitled for any increase in wages under the provisions given above may be granted an increase of 12 1/2 per cent in their basic pay." Clauses (3) and (4) deal with dearness allowance and prescribe a minimum payable in that behalf. Clauses (5), (6) and (7) deal with lead and lift, explosives, shovels and the like and the foodstuffs. Clause (8) deals with the payment of bonus; Cl. (9) with compulsory contributory provident fund, and Cl. 10 provides for the liability of the employers for disbursement of wages. The last clause lays down that this order shall apply retrospectively with effect from 1 November 1947.;