Then in sequence came the report of the Third Pay Commission in 1973.
This was with the object of establishing case for a slab system of D.A. linked to the companysumer price index with point variation without ceiling, Mr. A. K. Sen has companymented that some of these awards were as a result of settlement and the question of ceiling on D.A. was number even raised for a decision.
The parties have extensively quoted from the above reports during arguments.
In the case of Dorr Oliver India Limited, the scale of pay was fixed on the basis of the companysumer price index 700 and D.A. was fixed, if the index rose beyond 700,.
on a slab system.
300 fixed a maximum of Rs.
J. Mehta, for the respondent K. Gupta, for the, applicant intervener Killick Nixon Employees Union C. Shroff, O. P. Mathur, K. J. John, F. K. Kaka and J. B. Dadachanji, for the applicant intervener Cynamid India Ltd. B. Pai, S. V. Gupte, O. C. Mathur, K. J. John, A. G. Meneses and J. B. Dadachanji, for the applicant intervener Voltas Ltd. Janardan Sharma and Jitendra Sharma, and K. T. Sule, for the applicant intervener Cynamid Employees Union Janardan Sharma and Jitendra Sharma, for the applicant inter vener The Judgment of the Voltas Vol Kart Employees Union companyrt was delivered by Goswami, J. The only question with which we are companycerned in these appeals by special leave is Should there be a ceiling on dearness allowance in this case ?
K. Sen, I. N. Shroff, D. G. Shroff, M. S. Gagrat F. Dalmania, for the appellant.
It is to be numbered that a flat sum of Rs.
7 per month.
9/ was fixed for such slab.
210/ but upto Rs.
180/ per month plus 1/3 paisa per rupee per point in excess of Rs.
On May 11, 1966, the employers gave a numberice of change for placing a ceiling on dearness allowance for brevity D.A. already in vogue at the figure of Rs.
670/per month 1/2 paisa per rupee per point upto Rs.
Some time in 1957 the Killick Industries Limited purchased all the shares of Killick Nixon Co. Private Limited with the result that Killick Nixon Co. Private Limited became a wholly owned subsidiary of Killick Industries Limited.
Appeal by special leave from the Award dated the 24th January, 1973 of the Industrial Tribunal, Bombay in Ref.
210/ plus 1/4th paisa per rupee per point in excess of Rs.
874 in the same index Rs.
325/ .
IT 149 of 1966 IT No.
180/ upto Rs.
10 per month and a minimum of Rs.
210/ subject to a maximum of Rs.
734 735 of 1973.
Killick Industries Limited was incorporated as a Public Limited Company on November 14, 1947 and Killick Nixon Co. Private Limited was incorporated as a Private Company on January 23, 1948.
There is a fixed salary of Rs.
Since this was number acceptable to the union, both sides agreed for a reference to the Industrial Tribunal, Maharashtra.
Following the amalgamation and with the approval of the Central Government the name of Killick Industries Limited was changed to Killick Nixon Limited the appellant .
1.65 per point per month was allowed.
670/ beyond which D.A. was number made admissible.
In December 1966, the Government of India set up a National Commission on Labour presided over by Shri P. B. Gajendragadkar with exhaustive terms of reference and the Commission submitted its report on August 28, 1969.
257 of 1966.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
By the impugned order of January 24, 1973, the Tribunal removed the ceiling and hence this appeal.
A Second Pay Commission was also companystituted by the Government in 1959.
401, but there is numberlinkage to the companysumer price index.
In the case of Tata Press Limited which is an award said to be by settlement, additional D.A. of 10 per cent has been given on the basic wage of above Rs.
The Millowners Association.
10 per month.
Mere was also another demand with regard to the D.A. for drivers on the same basis as that for clerical staff.
The activities of the companypany are manufacturing of engineering products, namely, Jhonson Vibrators, dall Pressing equipments and E.F.C.C. Furnaces Selling agency of engineering products such as Vibrators, drilling equipment, electric meters and dredgers, general selling agency in respect of snowcem cement print and allied products, carbon papers slotted angles, Hawkins pressure companykers export of piece goods and agency of City Line and Hall Line of U.K. and clearing and forwarding work.
voltas Limited 1.
1972 Polychen Limited M. G. G. dated 6.
Bayer India Ltd. M.G.G. dated 31.1.1974 West Coast Paper MillsM. G. G. dated 20.7.1972 7.
Identical is the case of another award in the case of Somaiya Organo Chemicals Limited.
M.G.G. dated 31.10.1974.
C. R. February 1970 page 57 Murphy India LimitedM. G. G. dated 27.
PhoeuLx Mills Ltd. M.G.G. PaRt I L dated 22.6.1972.
300 basic salary plus Rs.
Ordinarily the capacity to bear the additional burden would certainly be a relevant factor.
Originally there were two companypanies, one Killick Industries Limited and another Killick Nixon Co. Private Limited.
20 per month and a minimum of Rs.
Similarly for the pay range above 300 a percentage of 2.5 per cent of pay was fixed subject to a maximum of Rs.
Under section 43A of the Companies Act, 1956, Killick Nixon Co. Private Limited became a Public Limited Company with effect from March 28, 1961 and by an order of the Bombay High Court of March 24, 1970, was amalgamated with Killick Industries Limited with effect from August 1, 1969.
