- (1.) This appeal, by special leave, by the appellant company, is directed against the award, dated 26/06/1969 of the Industrial tribunal, Maharashtra, Bombay in Reference (IT) No. 287 of 1967.
(2.) On a joint application made by the appellant and the respondents, the Deputy Commissioner of Labour (Administration) , Bombay, by virtue of the delegation of powers made in his favour by the government of Bombay, referred, by his order dated 2/09/1967 the following questions for adjudication: "all permanent workmen shall be paid dearness allowance as under with retrospective effect from January 1966 :in the questions noted above and which relate to a claim for dearness allowance, it will be seen that there is a reference to two settlements, one dated 10/10/1964 and the other dated 6/04/1966 and it is necessary to refer to those agreements in so far as they relate to payment of dearness allowance as they provide the background for the present reference. The first settlement was arrived at between the parties' matters. Item 2 of the settlement related to wage scales. The material portion of the settlement in this regard was as follows : "Wage Scales (1) The management shall give to permanent and temporary workmen an ad hoc increase in their wages with retrospective effect from 1/04/1964 in the following proportion up to 30/06/1964 748 after which new wage scales as mentioned in (B) below shall be introduced from 1/07/1964. To cite an example for the figures at (i) for permanent workers :at group (ii) a permanent worker will get 74 paise and for (iii) group, 75 paise i. e. , 75 paise by 192 hours==rs. 144. 00 in group (iv) Rs. 144. 00 plus 3%=rs. 4.32 more i. e. , Rs. 148-32 (Rs. 144. 00 plus Rs. 4.32) , in group (v) rs. 144. 00 plus 5%=7.20 more i. e. , Rs. 151.20 (Rs. 144. 00 plus 7.20). (B) The following hourly wage scales in paise shall be introduced with retrospective effect from the 1/07/1964 for the permanent workmen only :the above incremental rates include the agreed 1/2 P. rise. " it was further stated that in view of the consolidated wages the demand for dearness allowance was withdrawn.
(3.) From the above it will be seen that provision has been made for increase in the wages till the index figure reaches 540. But, it is also seen that the parties agreed to decide dearness allowance payable by mutual discussions when the index figure goes beyond 541.;