GOSWAMI - (1.) THIS appeal by special leave is directed against the award of the Industrial Tribunal, Gujarat, of 8/10/1976. Although it is a composite award disposing of two references by the State Government, we are concerned in its appeal with Reference (IT) No. 11 of 1975 as per the State Government notification of 21/01/1975 and even out of the two questions referred to herein only with regard to one of these regarding dearness allowance.
(2.) THE relevant issue which arises for consideration in this appeal may be quoted below: "All workmen should be paid dearness allowance at the rate of 100 Per Cent dearness allowance paid to the workers of the Cotton Textile Mills at Ahmedabad." Before we advert to the submission of Mr. H. R. Gokhale, appearing on behalf of the appellant, it will be appropriate to indicate that there is no dispute about granting of dearness allowance of the pattern of what is known as the Ahmedabad Textile D. A. The question to be determined by the Tribunal was only with regard to the percentage of the Textile D. A. to be paid to the employees of the company. The Tribunal has noticed that- "the recent trend in the several industries - textile, engineering and others, in Ahmedabad, Baroda and in some other parts of the State of Gujarat, is to make a demand for dearness allowance on the lines of the dearness allowance paid to the workers of the cotton textile mills at Ahemedabad, a varying percentage." The Tribunal describes this as what in ordinary parlance is called the "Textile D. A." and reckons it "as before the revision of the basic wage in the mills prior 1-1-1974."
(3.) THE company is manufacturing high precision ball and roller bearings in collaboration with a West German company. It has its plant in the district of Baroda with a manufacturing capacity of 24 lakh pieces of bearings per annum upto 1973 and 28.82 lakh pieces per annum from 1974. THE company was incorporated in April, 1962 and went into commercial production from June 1965. Its registered office is in Bombay and has its sales offices in Bombay, Calcutta, Delhi and Madras. THE plant is being operated almost to full capacity from June 1965 onwards. THE production has also increased progressively. THE number of workers on 31-8-1974 was about 630. THE company is said to be the third largest unit in the ball bearing industry in the country, the other two concerns being Antifriction Bearings and the Associated Bearings, the next one to the company being Shriram Bearings. Two questions are raised before us by Mr. Gokhale, Counsel is conscious of his limitations in an appeal by special leave under Art. 136 of the Constitution and has, therefore, fairly enough confined his submissions within narrow bounds and we fully appreciate this stand. The first submission of Mr. Gokhale in the forefront of his argument is that the Industrial Tribunal has failed to consider the impact of the rise in dearness allowance granted by it on the financial capacity of the appellant to bear the burden.;