- (1.) The only question that arises for consideration in this appeal, by special leave, is regarding the directions given in the award dated 25/10/1970 by the Industrial tribunal, in respect of issue No. 4. Issue No. 4 was as follows "Whether increase in Dearness Allowance granted to the workmen from 1/01/1968, should be by 18 points in terms of Wage Board -award-instead of 17 points as allowed by the management If so, with what details -
(2.) According to the appellant, the Dearness Allowance has been given by the tribunal at the rate fixed by the Second Wage Board for Sugar industry which came into effect only from November, 1970. According to mr. Dang, learned Counsel for the appellant, the management was prepared to pay at the rates fixed by the First Wage Board for Sugar Industry, whose report was published in 1960.
(3.) The reference to the Industrial tribunal was made by the Notification dated 23/09/1969. There is no controversy that at that time the recommendations which were in force were those made by the First Wage board for Sugar Industry. The First Wage Board was appointed on 26/12/1957 and its report was published in 1960. The relevant part of the recommendations contained in the report of the First Wage Board as paragraph 232, particularly clause (b) , is as follows: "232.Part 11 of the scheme comprises of the following system of d. A. rates linked to cost of living index to provide for adjustment in emoluments consequent to substantial changes in the living cost. Part II OF THE D. A. SCHEME (A) The cost of living index series to be taken for each region shall uniformly be the All India Average Consumer Price Index numbers for Working Glass (Base 1949). (B) For rises over 123 points of cost of living index or fall below this level, adjustments in dearness amount shall not be made for less than 10 whole points. Once there has been rise or fall by 10 or more whole points, adjustments will be for every point of the rise or fall. Once an adjustment has been made, further adjustment shall be made for further rise, or fall of ten or more whole points.;