VAIDIALINGAM, - (1.) THE following Judgment of the court was delivered by
(2.) IN these two appeals, by special leave, the company and the workmen's Union attack the award of the INdustrial tribunal, West Bengal, dated 14/01/1965, in so far as it is against each of them. The government of West Bengal, by its order dated 5/11/1963, referred for adjudication six issues, viz.: JUDGEMENT_360_AIR(SC)_1969Html1.htm In both these appeals we are concerned only with issues nos. 1 to 3. With regard to dearness allowance, the tribunal had directed that it should stand revised from November 1963. It provided a sliding scale for an increase or decrease of Re. 1.00 for rise or fall of five points in the cost of living index, with retrospective operation from November 1963. It further directed that the dearness allowance payable for each month from November 1963 shall be recalculated on that basis and additional amounts due to workmen should be paid in two monthly instalments after the date of publication of the award. There was a further direction to the effect that the dearness allowance for any particular month shall be calculated on the basis of average cost of living index for three immediately preceding months. Regarding gratuity, the tribunal effected certain modifications to the then existing scheme of gratuity, under rules 1, 2 and 3. The tribunal increased the maximum gratuity payable to 15 months salary, but deleted the provision contained in the scheme that the maximum should not exceed Rs. 4,000.00. In rule 2, it further directed the deletion of the qualifying period of 10 years continuous and approved service. It also modified the provisions of r. 3 by providing for payment of gratuity less any financial loss that has been caused to the employer as a result of misconduct which necessitated the termination of service. It further provided that in case of a workman leaving service without notice or terminating his employment without the permission of the company, in order to enable him to get gratuity he should have put in service of ten completed years or more. The tribunal increased the existing age of superannuation from 55 years to 58 years. The Union, in its appeal C.A. No. 811 of 1966, attacks the award in respect of all the above matters; but so, far as the company's appeal C.A. No. 660 of 1966 is concerned, though it has challenged the award, again, in respect of all the above matters to the extent to which they are against it, this court has granted special leave, by its order dated 28/04/1965, only on the question of dearness allowance.
(3.) BEFORE we proceed to deal with the contentions of the parties regarding the award in question, we can straight away dispose of two applications filed by the company. C.M.P. No. 329 of 1967 has been filed by the company for leave to. urge additional grounds in the appeal. By this application the appellant seeks permission to raise contentions regarding certain modifications effected by the tribunal in the gratuity scheme. That is, substantially, the company attempts to reopen the limited leave given by this court on 28/04/1965. The company has also filed C.M.P. 2860 of 1968 referring therein to certain subsequent proceedings and requesting this court to take them into consideration in considering the question of dearness allowance. Both these applications are opposed by the Union and we see no reason to grant the requests contained in each of them. These two applications are accordingly dismissed. We shall first take up the question of dearness allowance. While, on the one hand, the appellant wants a substantial reduction in the dearness allowance granted by the tribunal, the Union, in its appeal, seeks a substantial increase in the dearness allowance granted by the award. We have already indicated the decision of the tribunal in this regard.;