- (1.) We have heard counsel for the parties at considerable length in all these cases. This order will govern those employees who have not opted for the Industrial Dearness Allowance pattern and not to those who have so opted. We direct that, in the case of the former category of employees during the pendency of the writ petitions the petitioners or employees represented by them, who continue to be governed in fact by the old scheme of pay, will be entitled to the additional instalments of dearness allowance which have become due on or after August, 1983, subject to the undertaking given by counsel for the petitioners and the further undertaking given individually by each employee that in case he fails in the writ petition and such payment results in receiving an excess over the payment to which he would be entitled, such excess will be recovered from future payments to which he may be entitled. In the case of employees who are due to retire or who intend to leave service for any reason it will be open to the employers to retain an amount equivalent to the excess amount pay- able on account of retiral benefits pursuant to his leaving the service. Such amount shall be invested in a scheduled bank and shall be dealt with in accordance with the ultimate decision of the Writ Petition. It is not disputed that six instalments of dearness allowance are due up to now. The first three instalments shall be paid by the respective employers within a month from today and the remaining three instalments shall be paid before March 31, 1985. It is distinctly understood that no extention of time will be given for payment of the instalments.
(2.) In WPs 427 and 369/85 and such other petitions in which Rule Nisi has not been issued, Rule Nisi will issue on the Writ Petitions. Notice will issue on the applications for interim orders, and there will be an ex-parte order on the same terms as passed above.;