- (1.) This appeal is preferred by the Labour Union, Sarva Shrarnik Sangh, Bombay against the judgment of the division bench of Bombay High Court allowing Writ Appeal No. 247 of 1977. The appeal was preferred by the respondent-employer, the Indian Hume Pipe Company Limited, against the judgment of a learned Single Judge dismissing the writ petition preferred by it (Management) against the award of the Industrial tribunal, Bombay. The main question arising for decision in this appeal pertains to the power of the Industrial tribunal to award relief with effect from a date anterior to the date of raising the dispute by the Labour Union.
(2.) On 2/11/1965 the appellant-union submitted a demand for payment of dearness allowance to the daily-rated workmen employed at the respondents Wadala Factory at the same rate as is paid to the monthly-rated employees, with effect from 1/01/1964. On 15/11/1965 these demands were placed before the Conciliation Officer and thereafter before the Conciliation Board. On March 15, 1967 the Conciliation Board submitted its failure report. It appears that the recommendations of the central Wage Board were awaited at that time and the company agreed to implement the final recommendations of the said Board as accepted by the Central government. On 26/04/1968 the appellant-union submitted a memorandum before the government reiterating the said demand. They claimed the said benefit with effect from 15/11/1965. On 5/07/1968 the government referred the said dispute to the Industrial tribunal. In November 1968 the respondent-company filed a writ petition in the Bombay High court challenging the validity of the order of reference. On 27/02/1973 the High court disposed of the writ petition in the following terms: "by consent the order Exhibit 'c' dated 5/07/1968 is set aside without prejudice to the rights of the respondents to refer fresh dispute in respect of the same demands according to law. "
(3.) On 19/03/1973 the appellant submitted a demand to the management claiming the very same relief with effect from 15/11/1965. On the basis of the said demand, the government made a reference to the Industrial tribunal, Bombay, on 26/03/1973. The dispute referred reads as follows: "All the daily-rated workmen from Wadala factory of the company should be paid dearness allowance at the same scale that is given to monthly-rated staff of the factory with retrospective effect from 15/11/1965 i. e. at the rate given below; 386. htm;