MALWA SUGAR MILLS LIMITED Vs. WORKMEN

JUDGEMENT

(1.) The only question that arises for consideration in this appeal, by special leave, is regarding the directions given in the award dated 25/10/1970 by the Industrial tribunal, in respect of issue No. 4. Issue No. 4 was as follows

(2.) According to the appellant, the Dearness Allowance has been given by the tribunal at the rate fixed by the Second Wage Board for Sugar industry which came into effect only from November, 1970. According to mr. Dang, learned Counsel for the appellant, the management was prepared to pay at the rates fixed by the First Wage Board for Sugar Industry, whose report was published in 1960.

(3.) The reference to the Industrial tribunal was made by the Notification dated 23/09/1969. There is no controversy that at that time the recommendations which were in force were those made by the First Wage board for Sugar Industry. The First Wage Board was appointed on 26/12/1957 and its report was published in 1960. The relevant part of the recommendations contained in the report of the First Wage Board as paragraph 232, particularly clause (b) , is as follows: