REMINGTON RAND OF INDIA Vs. WORKMEN

JUDGEMENT

(1.) A claim for an increase in the dearness allowance made by then workmen of the management of Remington Rand of India was referred for adjudication to the Industrial tribunal at Delhi and had been partly allowed. Against the award pronounced by the tribunal partially upholding the claim of the workmen, two cross-appeals have been brought to this Court by special leave. The company in its Appeal No. 12 of 1961, contends that no case had been made out for an increase in the existing rate and schemes of dearness allowance, whereas the workmen in their Appeal No. 13 of 1961 argue that the relief granted by the award in insufficient; the higher rates of dearness allowance should have been awarded and that the revised rates should have been brought into force, not from 1 December 1959, but from the date when the demand was made by the workmen in that behalf.

(2.) IT appears that on 9 April 1953, a comprehensive agreement was reached between the parties in respect of several terms of employment. Amongst the items included in the compromise was one in relation to the dearness allowance. This is how the agreement had fixed the payment of dearness allowances

(3.) IT appears that the parties were unable to come to a final settlement in respect of the dispute raised by the workmen and so, on 25 July 1959, the said dispute was referred for adjudication. Before the arbitrator the workmen placed their claim in this way :