1036/77.
311/78.
Appeal by Special Leave from the Award dated 22 2 77 of the Industrial Court, Gujarat in Ref.
The Labour Minister gave the award and as a result of that award, an order was passed under section 3 sub clause b of the U.P. Industrial Disputes Act, 1947.
9,16,719 for 1969 70.
The depreciation that was claimed was Rs.
The Government of U.P. on 31st October, 1974, issued the U.P. Pattern Scales of Wages and Dearness Allowance for workmen employed in all sugar factories working by vacuum Pan Manufacturing Process.
525 F G CIVIL APPELLATE JURISDICTION Civil Appeal No.
5,44,918 for 1965 66, Rs.
This order relating to U.P. Pattern of Pay, Graduated Dearness Allowance, Variable Dearness Allowance came into force from 31st October, 1974 and effect was to be given to these pay scales and dearness allowance from 1st October, 1974.
3, 4 and 5 the Court revised the rates from 83 paise per point on the rise over 301 points of All India Average Consumer Price Index Number for Industrial Workers Base 1960 100 at Re.
The Wage Boards report was due to expire on 31st October, 1974.
2939 and CA 322 and A. K. Srivastava and Vineet Kumar for the Respondents in C.A. 322 and for the Petitioner in SLP.
5,55,035 for 1966 67, Rs.
2939/79.
524A B, E Even though the wages were fixed on industry cum region basis it is open to industry to plead that it has number the financial capacity to hear the increased burden.
Appeals by special leave from the Order dated 18 10 1978 of the Gujarat High Court in SCA No.
G. Shah CA 322 M. K. Ramamurthi SLP.
But this increase was number given at one stage but was spread over in three stages, the first stage being from 1st July, 1976 to 30th June, 1977, the second stage being from 1st July, 1977 to 30th June, 1978 and the third stage being from 1st July, 1978 to 30th June, 1979 and onwards.
When such a plea is specifically raised, it is the duty of the industrial companyrt to determine whether the increased burden companyld be borne by the particular industry.
32 per month for the second period Rs.
K. Sen, Arun B. Desai, V. K. Behl, H. K. Puri and Mrs. Laxmi Anand for the Appellant in CA 324/79.
0.95 to Re.
151 per month is being paid and the Court found that there was numberdispute as raised in demand No.
This increase was also spread over for a period of three years i.e. 7 paise for the first period from 1st July, 1976 to 30th June, 1977 5 paise for the second period from 1st July, 1977 to 30th June, 1978 and 5 paise for the third period from 1st July, 1978 to 30th June, 1979 and onwards.
S. Nariman, H. K. Puri, Arun B. Desai and Mrs. Laxmi Anand for the Appellants in CA 322/79.
As the sugar factories were seasonal factories a retention allowance for unskilled seasonal workmen for off season at the rate of 10 of the basic wage and dearness allowance payable during the crushing year 1974 75 was also provided for.
The increased graduated dearness allowance for the first period would be Rs.
2939/79.
21 to Rs.
The demand of the workmen of the factories in Gujarat was for pay ment of the U.P. Government revised scales for sugar factories in U.P. regarding pay, dearness allowance and other benefits.
The second Wage Board for the sugar industry gave its report in 1970.
322 324 OF 1979.
The demand put forward by the workmen in all these appeals is for payment according to the U.P. Pattern.
Regarding variable dearness allowance demand Nos.
150 per month as asked for in demand 5 i b and from Re.
11,11,775 for 1968 69 and Rs.
K. Ramamurthy and Promod Swarup for the Respondents in C.A. 146/78 and C.A. 322/79.
36 per month and for the third period Rs.
The Judgment of the Court was delivered by KAILASAM, J. All these appeals and special leave petition are by the management of five companyperative sugar factories in Gujarat State.
40 per month.
The variable dearness allowance of Rs.
If the inflated figures are left out of account the industry has the capacity to bear the additional burden.
146/78.
AND CIVIL APPEAL NOS.
AND SPECIAL LEAVE PETITION CIVIL NO.
From the Judgment and Order dated 30 1 1979 of the Gujarat High Court in SCA No.
Dr. Anand Prakash, Laxmi Anand Prakash, Arun B. Desai and H. K. Puri for the Appellant in CA 146/78 and 323/79.
Regarding demand No.
80,190 and Rs.
53/75.
I.C. No.
5 i d .
The Industrial Court, Gujarat, increased the graduated dearness allowance of the unskilled employees from Rs.
1.00 per point for skilled B operatives and for clerks drawing upto Rs.
S. Khanduja and Miss Kusum Chowdhry for the Respondent in C.A. 146/78 and 323 324/79.
The existing basic wage for the unskilled employee is Rs.
7,84,824 for 1967 68, Rs.
1.12 for All India Average Consumer Price Index for other employees as per demand No.
these and other material companysiderations may have to be borne in mind.
Co. Ltd. supra the guidelines that were indicated were that in determining the capacity to pay by the industry the financial companydition of the employer, his profit making capacity, the profits earned by him in the past, the extent of his reserves and the chances of his replenishing them as well as the claim for capital invested by him.
