VAIDIALINGAM - (1.) THESE three appeals by special leave, arise out of the Award dated 15/04/1971 of the Industrial Tribunal, Maharashtra, Bombay, in References (I.T. Nos. 20 and 105 of 1969 and 70 of 1970).
(2.) THE main questions that arise for consideration in these appeals relate to the award of dearness allowance, classification of grades and fixation of wages and a direction given by the Industrial Tribunal regarding the Incentive Bonus Scheme as modified by the Company. There is also a minor point regarding a particular clause in the Gratuity Scheme as framed by the Tribunal in Reference (I.T. No. 20 of 1969). Though there are certain other matters dealt with in the award in Reference (I.T. No. 20 of 1969), they are not the subject of controversy in these appeals. We will now state the circumstances under which the References came to be made to the Tribunal The appellant was started as a proprietary concern in the year 1944 and was later transformed to a public limited Company and registered as such under the Indian Companies Act, 1962. From its inception, the Company has been dealing in the business of manufacturing and selling pharmaceutical products. It has its factory in Jogeshwari in Greater Bombay. At the time of the Reference, the Company was employing about 714 workmen, of whom 558 were operatives and 156 were members of the clerical and subordinate staff. All these employees were covered by the demands comprised in all the References. The wage scales of the workmen had been determined originally in Reference (I.T. No. 23 of 1959). The wage scales of the operatives were as follows:- JUDGEMENT_552_3_1972Html1.htm
(3.) THE wage-scales of the clerical and subordinate staff were as follows:- JUDGEMENT_552_3_1972Html2.htm In addition to the basic wages, referred to above, the employees were getting dearness allowance, which in the case of operatives was equal to 80 per cent of the revised textile scale of dearness allowance and in the case of clerical and subordinate staff 100 per cent, of the revised textile scale of dearness allowance.;