GAJANAN WEAVING MILLS Vs. WORKMEN

JUDGEMENT

(1.) THIS is an appeal against a decision of the industrial court, Bombay, dated 18 March 1960. The facts are not in controversy. In an industrial dispute, the Labour Appellate Tribunal, Bombay, had passed an award on 9 July 1956 concerning dearness allowance, the operative portion of which is in these turms :

(2.) NOW the Sen award which had sometime earlier been made concerning certain mills at Sangli where the appellant mills are situate, provided as follows :

(3.) WHEN the Sen award referred to the Sholapur rate, it meant the rate prevailing at the time at Sholapur, for the subsequent award of 1 May 1958 and the agreements made in regard to the Sholapur mills earlier mentioned were not oven in contemplation then. The reason why the Sen award fixed the dearness allowance for the Sangli mills by reference to the Sholapur rate was that a cost of living index for Sholapur area was available which there was not for Sangli. In fixing the dearness allowance rate for Sangli, that cost of living index at Sholapur was taken into account because that was the nearest place to Sangli having such an index. That is the only reason why the sen award referred to the Sholapur rate.