Satyabrata Sinha, J. - (1.) The petitioners who are 168 in number have filed this application, inter alia, praying for issuance of a writ of or in the nature of mandamus directing the respondents to grant and/or pay and/or release and/or disburse the Dearness allowances for July 1993, December 1993 and May 1994 respectively at the rate of 11%, 12% and 9% as also fora direction to disburse D. A. for the year 1994 according to the existing norms of payment of D. A.
(2.) The petitioners are supervisory staff of Westing House Saxby Farmer Ltd. (hereinafter referred to as 'the Company').
(3.) In April 1985 the Controller of Public Undertaking's Ex-Officio Deputy Secretary Government of West Bengal issued a memorandum dated 29th April, 1985 which is contained in Annexure 'A' to the writ application wherein, inter alia, it was stated:- "(1) If the existing total D. A. elements be in excess of the total D. A. element of corresponding State Government employees such excess should be adjusted against the amount of further additional dearness allowance as per enclosed table. No additional fund will be given to the company on this account." By another memorandum dated 27th June, 1990 the Controller made a further declaration, the relevant portion whereof reads thus:- "(1) If the existing total D. A. element (prior to 1.6.90) be to excess of the total D. A. element (prior to 1.6.90) of corresponding State Government employees, who are enjoying the pre-revised scale, such excess should be adjusted against the amount of further A.D.A, admissible as per enclosed table. (2) The basic pay as mentioned above shall be the grade pay drawn by the employees/officers in their respective revised scale of pay of 1981 and shall not include Special Pay, Dearness Pay, Personal Pay, Administrative Pay and other categories of pay. if any, save and except grade pay provided that in the case of employees/officers who have not opted for revised scale of pay as per revision of pay& Allowance Rules with effect from 1.4.70 the basic pay will mean grade pay plus D. A. as was being drawn by them on 3L3.70. (3) In case of employees/officers who have not opted to come under the revised scales of pay of 1981 due to some reason or others, the basic pay shall mean the grade pay in the basic grade or New intermediate selection Grade as the case may be, plus ad hoc pay, interim pay, qualification pay, special allowance, administrative allowance and special pay, if any. which have not been retained in additional to the grade pay of the posts/services in the revised scale of pay of 1981. (4) The Governor has further pleased to decide that for daily rated workers, if any, under Westing House Saxby Farmer Ltd, whose wages are not regulated by any statutory provision like the minimum wages Act, etc. there will be a further ad hoc increase in their existing daily rate of wages by Re. 1/- ( Rupee one ) only with effect Iron 1.6.90. (5) The additional expenditure will be .borne by the Westing House Saxby Farmer Ltd., out of their own resource or out of the financial assistance that has already been provided for them in the current Year's budget and no additional financial assistance will be given to them on account of sanction of further Additional Dearness Allowance.";