AHMEDABAD MANUFACTURING AND CALICO PRINTING CO LIMITED AHMEDABAD Vs. RAM TAHEL RAMNAND

JUDGEMENT

(1.) This appeal has been presented to this Court by the Ahmedabad Manufacturing and Calico Printing Company, Ltd., pursuant to the certificate granted by the Gujarat High Court under Article 133 (1) (c) of the Constitution. The Gujarat High Court had, on being approached by the respondents under Article 227 of the Constitution, quashed and set aside the order of the Industrial Court. Gujarat dated February 5, 1964 which had affirmed the order of the Second Labour Court, Ahmedabad dated August 9, 1963, and after setting aside that order had directed the Industrial Court to decide the matter afresh in the light of the observations made by the High Court in the impugned order.

(2.) The respondents in this Court has applied to the Labour Court under Section 79 of the Bombay, Industrial Relations Act, No. XI of 1947 (hereinafter called the Act) in December, 1962 complaining that the appellant company was liable to pay to the respondents (applicants before the Labour Court) dearness allowance every month according to the Dearness Allowance Award made by the Industrial Court but the same had not been paid for the month of September 1962 which was distributed in October, 1962. It was alleged that from October, 1962 the company had been committing breach of the Dearness Allowance Award of the Industrial Court. In that application the present respondents had based their claim on the following averments in Para 3:

(3.) In the written statement the appellant company raised several pleas in opposing that application. The pleas which were pressed in the Second Labour Court and in the Industrial Court and which are now strongly pressed before us are contained in Paras 3, 8 and 10 which so far as relevant may be reproducted;