Palok Basu, J. - (1.) The question which arises for determination in this writ petition is whether the petitioner-company has directed payment of Variable Dearness Allowance (for short V. D. A.) to workers at its Kanpur Unit faithfully following the award of the Industrial Tribunal, Kanpur, dated 27-7-1981 as modified by the Supreme Court's appellate order dated 2-5-1985.
(2.) M/s. Indian Oxygen Ltd., the petitioner-company is a multi-national company in India with units spread in various parts of the country including Kanpur and Delhi, On behalf of the Employees Union at Kanpur Unit, a demand for upward revision in the V. D. A. paid to the workers by the company was made on 23-5-1977 which was referred by the Government of Uttar Pradesh to the Industrial Tribunal for adjudication in accordance with the provisions of the Industrial Disputes Act, (hereinafter referred to as the Act,). The reference was: "Whether the Variable Dearness Allowance payable by the employers to its workers, should be revised and it should be linked with the Consumer Price Index for Industrial Workers at Kanpur computed by Labour Bureau, Shimla ? If yes, then from what date and with what other details".
(3.) The Industrial Tribunal, after a detailed examination of the matter, gave its award on 1-4-1 v77. The Tribunal ultimately held as under : "I award, therefore, that the workmen of Kanpur Unit should be paid dearness allowance linked to the All India Consumer Price Index (1960-100) for the Kanpur Centre complied by'the Labour Bureau, Shimla'. The calculation of the rate of dearness allowance will remain the same as are presently operative and no change is required therein." "Lastly, the question of the date from which this award should be operative has to be considered. The matter was referred to this Tribunal for adjudication vide reference order dated 21-5-1977. I consider it proper that the award should be operative from April, 1, 1977 and award accordingly." "The Union is awarded Rs. 500 as costs". Sd/ S. A. Sharma Presiding Officer, Industrial Tribunal III U. P. Kanpur. 27-7-1981;