(1.) This appeal, by special leave, by the company is against the award dated February 1, 1968, of the Fourth Industrial Tribunal in case No. VIII-218 of 1967, directing the appellant to pay dearness allowance according to the rates on the basis of the Bengal Chamber of Commerce Scheme, for both the clerical and the subordinate staff, linked with the rise and fall in the cost of living index.
(2.) By its order dated April 22, 1967, the Government of West Bengal referred for adjudication the following issue.
(3.) The appellant controverted the claims of the workmen on the ground that the demand of the workmen to award dearness allowance according to the Bengal Chamber of Commerce Scheme has been consistently rejected by the Tribunal and also by this Court. Company's financial position was not such as to justify any modification in the existing rates of dearness allowance.