Indeed when the Unions witness, Shri Satyaranjan Sen, was examined before the Tribunal, he was number cross examined with a view to elicit information that Exhibit 3 did number relate to the working class companyt of living index.
When Shri Chatterjee, the Assistant Manager of the Company, who was examined after Shri Sen, gave evidence, he number only did number object to the entries in Exhibit 3 but stated that he was number aware of any substantial increase in the working class companyt of living index and companyplained that similar entries for all the relevant years had number been produced.
5 on the pay scale above Rs.
Exhibit 3 certainly supports the finding of the Tribunal.
Appeals by special leave from the Award dated August 26, 1957, of the Fifth Industrial Tribunal at West Bengal in Case No.
125 of 1958 against the award in so far it was against it and the Union preferred Civil Appeal No.
The companyrectness of the award is questioned in these appeals.
The Company preferred Civil Appeal No.
125/58 and Appellants in C. A. No.
The Fifth Industrial Tribunal, after making the necessary inquiry, made the award on August 26,1957, and it was duly numberified in the Calcutta Gazette on September 26, 1957.
C. Issacs and S. N. Mukherjee, for the Appellants in C. No.
125/58 and Respondents in C. A. No.
If so, at what rate?.
On that basis the dearness allowance payable to the employees was worked out and awarded.
CIVIL APPELATE JURISDICTION Civil Appeals Nos.
Is the demand of the employees for increase in Dearness Allowance justified ?
The learned Counsel for the Company points out with reference to the relevant entries in the Monthly Statistical Digest, West Bengal, that the said figures relate only to working class menials and the companyresponding entries in regard to the working class companyt of living index do number indicate so much increase as in the case of the menial class.
125 and 164 of 1958.
C. Chatterjee and Dipak Datta Choudhri, for the.
VIII 264/56.
50 and Rs.
On April 9, 1956, the Government made ail order transferring the said dispute from the file of the Second Industrial Tribunal to that of the Fifth Industrial Tribunal.
The relevant entries in the Monthly Statistical Digest were number filed before the Tribunal.
The said Act was amended by the Industrial Disputes Amendment Miscellaneous Provisions Act, 1956 36 of 1956 , which came into force on August 28, 1956.
January 28.
Under the award the Tribunal held that there was a rise in the companyt of living index and that to neutralise the said rise the employees should get an increase of Rs.
164/58.
The Judgment of the Court was delivered by SUBBA RAO, J. These appeals are by Special Leave from the Award by Shri G. Palit, Judge, Fifth Industrial Tribunal, West Bengal, in the matter of a dispute between Messrs. Bengal Chemical Pharmaceutical Works Limited, Calcutta, and their employees, represented by Bengal Chemical Mazdoor Union, Calcutta.
7 in dearness allowance on the pay scale up to Rs.
164/58.
As a mistake had crept in, the award was modified by the Tribunal by its order dated the 29th November, 1957 and the modified award was published in the Calcutta Gazette on the 29th November, 1957.
Respondents in C. A. No.
The Government of West Bengal by its order dated September 13, 1956, referred the following dispute between the parties referred to above to the Second Industrial Tribunal under s. 10 of the Industrial Disputes Act, 1947 Act 14 of 1947 , hereinafter referred to as the Act.
