88 of 1973.
88 of 1973, the Industrial Tribunal by its Award dated October 22, 1974 directed as under The Dearness Allowance payable to all categories of workmen employed in Factory including general staff employed in Delhi Branch should be linked with companysumer price index for industrial workers in Delhi prepared by Labour Bureau, Simla from 1st July, 1973 as has been done in the case of office staff in Delhi Branch in pursuance of the award of the Industrial Tribunal in I.D. No.
88 of 1973 in respect of workmen employed in the factory including general staff employed in Delhi Branch were stationed at Ghaziabad which can appropriately be described as part of Delhi agglomeration or a suburb of Delhi though technically it forms part of State of Uttar Pradesh.
Ten workmen who applied for monetary companyputation of existing benefit, namely, that the clearness allowance formula applicable to them was the one awarded by the Industrial Tribunal, Delhi in Reference I.D. No.
After upholding the preliminary objection raised on behalf of the respondent employer Company, the Labour Court dismissed the application.
The preliminary objection raised on behalf of the respondent was that an application under Section 33 C 2 of the Industrial Disputes Act was number maintainable because the relief claimed is number merely a monetary companyputation of an existing benefit but it is a substantive demand for changing the dearness allowance formula applicable to the applicant workmen.
This appeal by special leave arises out of an order of the Labour Court, Delhi in LCA No, 7/77 by which the application made by the ten workmen employed by the respondentIndian Oxygen Ltd. Company for short and stationed at Ghaziabad under Section 33 C 2 of the Industrial Disputes Act was rejected upholding the preliminary objection raised on behalf of the companypany.
Hence this appeal by special leave.
88/73 including general staff employed in Delhi Branch would companyprehend the workmen employed by the Company and stationed at Ghaziabad.
A mere narration of factual matrix would expose the utter hollow ness of the preliminary objection raised on behalf of the respondent.
40 of 1970.
It is admitted that the Delhi based workmen of the Company are governed by the dearness allowance formula as per the award in Reference I.D. No.
In reference I.D. No.
The ten workmen who moved the Labour Court under Section 33 C 2 stated that for all practical purposes they are under the general superintendence and companytrol of the Delhi Branch and therefore, the expression in Reference I.D. No.
