B.N.BANERJEE, J. - (1.) THIS rule is directed against an award made by the second industrial tribunal, West Beagal. Various items of industrial disputes rare referred to the tribunal but in this rule I am concerned with three of the disputed items, namely, scales of pay, dearness allowance and gratuity.
(2.) THE petitioner Manton and Co., Ltd., is a dealer in fire -arms in Calcutta. It imports, (fells and repairs guns, rifles and other firearms and also deals in ammunitions. The company started its business in the year 1825 and was formerly under European management. In the year 1946 the company changed into Indian hands. The total number of workmen in the establishment of the petitioner company is 46. They are monthly rated workmen. The union of the workmen of the petitioner company presented a charter of demands for fixation of a new scale of pay, increase in dearness allowance and establishment of gratuity or retirement benefit scheme. On the question of scale of pay the tribunal come to the following conclusions: This company is not an industry. It has only an ordinary repairing shop for guns. It is not a big importer of foreign goods. It has a very small establishment, which cannot be compared with the very big establishments of the mercantile firms situated in this area. It is only a shop with sales amounting to rupees seven lakhs a year, as would be seen from the balance sheets. Taking all these facts into consideration, I am not able to accept the scales of pay demanded by the union on the analogy of the scales of pay prevailing in the mercantile firms with which the present company is not comparable and I think that it would be more proper to apply in this case the scales of pay fixed for the non -matriculate clerical staff by the third major engineering tribunal.
(3.) THEREAFTER , the tribunal fixed different grades of pay for the clerical staff, the gun cleaners, the polishers and the unskilled workmen. The tribunal, however, did not fix any grade of pay for the is the men and turners.;