Sahai, J. - (1.) THIS special appeal is directed against the judgment of B. N. Nigam, J. dated February 2, 1966, dismissing writ petition No. 502 of 1964 filed by the appellant, the Tulsipur Sugar Company, Limited (hereinafter referred to as the company). The Central Government appointed a Central Wage Board for the Sugar Industry for working out a wage structure and for determining the categories of employees to be brought within the scope of the proposed wage fixation and also for working out the principles governing the grant of bonus. The Central Wage Board made its recommendations which were accepted by the Government. The U. P. Government published a notification in the State Gazette of April 27, 1961 reproducing the recommendations made bv the Central Wage Board. One of the recommendations that the Central Wage Board made was that "the wages and dearness allowance specified" in Clause (6) of the recommendations were to "take effect from November 1, 1960". After the Central Wage Board had made its recommendations and after the same had been accepted and published in the Gazette, a dispute arose between the company and the labour. The dispute was taken up by the Union of the workers of the Company known as the Swatantra Chini Mill Karamchari Union, Tulsipur (hereinafter referred to as the Union). The State Government under Section 4-K of the U. P. Industrial Disputes Act (hereinafter, referred to as the Act) referred the following dispute to the Labour Court at Lucknow on 14th of May, 1963: "Should the employers be required to classify their workmen, named in the Annexure as shown in column 4 against each therein and place them in appropriate pay scale in terms of U. P. Government Order No. 2309 (ST)/ XXXVI-A-273 (ST) 1960, dated April 27 1961 as amended and extended to date? If so, with effect from what date and with what other details?"
(2.) THE Labour Court gave its award on 6th of November 1963 holding that three of the persons mentioned in the annexure were not entitled to any relief but Sarvasri Kailash Nath Srivastava and Shanker Nath Srivastava were entitled to be fitted as Assistant Accountant in grade, II-B and as manufacturing clerk, clerical grade IV respectively. In the award the Company was directed to do so within a period of one month after the award came in force. The State Government got the award published in the State Gazette dated 7th of December, 1963.
(3.) THE Company allowed Sarvasri Kailash Nath Srivastava and Shanker Nath Srivastava the posts and grades which have been awarded to them by the Labour Court, but not from the 1st of November, 1960. The Company took tip the position that they were entitled to those posts only after the award had been enforced. The Union thereupon made an application before the Labour Court Lucknow to amend the award. The Labour Court purporting to act under Section 6(6) of the Act amended the award and clearly stated that the relief given to Sarvasri Kailash Nath Srivastava and Shanker Nath Srivastava was to take effect from the 1st of November, 1960. In the State Gazette dated 20th of June 1964 the order of the Labour Court, Lucknow amending the award was published in extenso. The concluding paragraph of that order reads: "It is, therefore, directed that the employers shall allow the respective nomenclature and grade to these two workmen with effect from 1-11-60. The order be published in the official gazette in the manner prescribed under Section 6 (6) of the Act." ;