P. for skilled labour applicable for the period under review.
III, VI and IX.
Wages Act.,
4.25 Per Sq.
456 of 1984 and CRP No.
The price for these slabs had been determined in the companytract at Rs.
Both the parties to the companytract were bound by that price and the arbitrator, therefore, had numberjurisdiction to award any escalation in the price of napa slabs.
II, IV and VII 4 which were awarded by the umpire and decreed by the Civil Court as well as by the High Court.
of A.P. for semiskilled labour applicable for the period under review.
WUSI Revised daily Min.
WUSI Revised daily Min.
WSO 11.15 Daily Minimum wage in force on the date of Tender for skilled labour .
The other set of claims relate respectively to Labour Escalation Refund of excess Hire Charges of Machinery and Stand companyveyance.
From the Judgment and Order dated 28.12.85 of the Hyderabad High Court in OMA No.
III, Vi and IX and affirmed the decree for the other claims.
Wages as fixed by Government of A.P. for unskilled labour applicable for the period under review.
WUSO 5.65 Daily Minimum wage in force on the date of Tender for unskilled labour .
and there was numberprovision for increase or decrease of that price.
1573 1574 of 1986 are by the Associated Engineering Co. hereinafter referred to as the Contractor .
The other appeals arising from L.P. C Nos.
49 of 1983 whereby he made the award of the umpire hereinafter referred to as the umpire or arbitrator a rule of companyrt and passed a decree in terms of the award together with interest on the principal amount awarded at the rate of 12 per cent per annum from the date of the decree.
The escalation provision in the companytract related to labour, diesel oil, tyres and tubes, as provided in Item 35 thereof.
WSSI Revised daily Min.
As regards Claim No.
Wages of labour numberified by the Government of A.P. after 22.10.1980 under the Min.
7071 7072 of 1986 are by the Government of Andhra Pradesh and they are against the judgment of the High Court companyfirming the decree of the Civil Court in respect of Claim Nos.
338 339 of 1991.
WSI Revised daily Min.
Percentage Labour companyponent of each item of Work as per Appendix 9 at page 139 of Agreement.
Any other haul roads required by the Contractor and number specified in plan shall be carried out by the Contractor at his companyt.
The Judgment of the Court was delivered by THOMMEN.
of napa slab lining, under item 11 of schedule A of the agreement for the entire work and make payments accordingly.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
338 339 of 1991 arising from S.L.P. C Nos.
WITH Civil Appeal Nos.
I hereby declare and award and direct the Respondents that due to the statutory revision of Minimum rates of wages payable to various categories of workers, the claimant is to be paid companypensation as per the following formula P1 WSI WSO 0.10 WSSI WSSO 0.10 WUSI WUSO 0.8 V2 X R 100 WSO WSSO WUSO Where Vs Compensation payable due to statutory increase in Min.
2692 930F 1991.
wage as fixed by Govt.
wage as fixed by Govt.
of A.P. for semiskilled labour applicable for the period under review.
R Value of work done under each item of work during the period under review.
III, he says I hereby declare and award and direct the respondent to companypensate the claimants towards escalation in the companyt of napaslabs calculated at Rs.4.25 Rupees four and paise twenty five per Sq.
This companytention of the Government was accepted by the High Court.
Madhava Reddy, G. Prabhakar, T.V.S.N. Chari N.P. for the Respondents.
II, IV and VII 4 .
J. Leave granted in S.L.P. C Nos.
2743 of 1984.
The main criticism levelled by the Government against this award is that there was numberprovision in the companytract for escalation of the companyt or price of napa slabs.
There was numberescalation provision in the companytract as far as napa slabs were companycerned.
The main appeal Nos.
R. Choudhary for the Appellant.
The High Court set aside the decree in respect of Claim Nos.
WSSO 8.50 Daily Minimum wage in force on the date of Tender for semiskilled labour .
7071 72 of 1986.
It challenges the judgment of the High Court setting aside the decree of the Civil Court in respect of Claim Nos.
wage as fixed by Govt.
The umpire after reciting the background of the dispute which led to his entering upon reference on 16.12.82 to decide the dispute and the relevant agreement between the parties deals with the claims seriatim.
The first set of claims respectively, are Escalation on Napa Slabs Payment of Extra Lead for water and, Extra Expenditure incurred due to flattening of canal slopes and companysequent reduction in top width of banks used as roadway.
These appeals are brought against the companymon judgment of the Andhra Pradesh High Court in O.M.A. No.
