- (1.) By an order dt. July 15, 1977 the Government of West Bengal referred an industrial dispute between M/s. Thomas Duff and Co. (I) Ltd., the appellant before us, and their Workmen, represented by Motor Works' Union for adjudication to the Fourth Industrial Tribunal, Calcutta. The dispute which was confined to the car drivers employed in the Head Office of the appellant related to the following issues : 1. Grade and scale of pay. 2. Dearness Allowance. 3. Working hours. 4. Tiffin allowance. 5. Medical benefits. 6. Travelling allowance. 7. Half-holidays like other workmen.
(2.) Aggrieved by the award passed in the reference the appellant filed a writ application and obtained a Rule nisi which was ultimately discharged by a learned Judge of this Court. Hence this appeal.
(3.) Before the learned Trial Judge as also before us the appellant challenged the legality and propriety of the award in so far as it related to the first three issues only, namely, Grade and scale of pay, dearness allowance and working hours. The Tribunal's award fixing the grade and scale of pay of the workmen involved in the reference as Rs. 90-5-140-7-210-10-250/- was, however, not challenged before us but the direction of the Tribunal, that a sum of Rs. 10/- would be added to the basic salary of the workmen as on July 15, 1977, that is, the date of reference, and then they would be fitted to the above grade and scale, was seriously challenged before us. According to the appellant fitment was beyond the scope of reference and, as such the Tribunal acted beyond its jurisdiction in issuing the above direction. It was next contended that the award of a sum of Rs. 10/- for being added to the basic salary was without any basis whatsoever. In refuting the above contentions of the appellant, the workmen contended that fitment was an integral and consequential part of fixation of grade and scale of pay and that the Tribunal was fully competent to issue the direction. The workmen further contended that the amount of Rs. 10/- awarded by the Tribunal was not arbitrary as the Tribunal in making the said increase relied upon the scale of pay of another comparable organisation and it could not be said that the addition of Rs. 10/- was arbitrary or unjustified.;