This wage scale has remained practically unaltered except for some special increments given in the year 1948.
75 175.
490/61 .
125 350, some on Rs.
489/61 and the respondent in C. A. No.
10/ per month from the month of November 1957.
125 300, and some on Rs.
Appeals by special leave from the award dated March 16, 1959, of the Second Industrial Tribunal, Delhi in Reference D. No.
job Daftries some of whom were on Rs.
Obviously, this would mean a lower starting salary for some and maximum for some. ,
C. Setalvad, Attorney General for India M.K. Ramamurthi, D. P. Singh, R. K. Garg and S.C. Agarwal, for the respondents in C.A. No.
On a companysideration of all this,, we are clearly of opinion that Mr. Pathaks companytention that the wage scale fixed by the Tribunal is too heavy for the Company to bear, must be rejected.
By the award the Tribunal has introduced new wage scale for certain existing categories of workmen and in some cases has introduced new scales, after amalgamating more than one category.
Where there has been numberamalgamation the new scale has resulted in a slight increase in some cases both in the starting salary and the maximum.
489/61 and the appellants in A. No.
11,15, resulting thus in a lowering of starting salary for some and a rise of a higher maximum for all.
100 350.
the Times of India, Delhi and the Statesman, Delhi, with the wage scale under the award and have for the purpose of companyparison taken into companysideration the dearness allowance as fixed by the Tribunal.
25/ the lowest paid worker will start at Rs.
Thus certain railway despatchers, advertisers, Box No.
Equally unacceptable is Mr. Pathaks next companytention that the wage scale fixed by the Tribunal operates unfavourably on this Company vis a vis two other companycerns in Delhi region, viz.,
The judgment of the Court was delivered by DAs GUPTA,.
sorters, filing clerks and bank clerks who were formerly in the scale of Rs.
490/61 .
60 100EB 4 115 have all been put on a new scale of Rs.
who had a scale of Rs.
They were formerly on two scales, one of Rs.125 175 and the other of Rs.
A similar lowering in the starting salary has also occurred in cases of some of the jobmachinemen.
December 14.
100 155 have all been put on a new scale of Rs.
In both cases the starting salary has been raised the maximum has been raised for the first category.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The workmen also attacked the award as regards the scales of pay and dearness allowance.
489 490 of 1961.
J. These two appeals by special leave, one by the employer and the other by the workmen, arise out of an industrial dispute that was referred for adjudication to the Industrial Tribunal Delhi, by an order made on January 23, 1958 by the Chief Commissioner, Delhi.
50 4 90 EB 4 115 and Junior Clerks etc.,
183 at page 188.
The employer challenges the award as regards 1 Scales of pay, 2 Dearness allowance, 3 Adjustments, 4 Leave Rules, 5 Gratuity and 6 Retrospective effect of the award.
S. Pathak, S. T. Desai, M. L. Sethi, B. Dutta and Anand Prakash, for the appellant in C. A. No.
70 5 100 EB 5 150.
80 to Rs.
90 200.
654 at p. 659 read with para.
85/ and number Rs.
the Times of India, Delhi and the Statesman, Delhi.
23 of the decision of the Labour Appellate Tribunal, reported in 1952 LLJ.
There has been a similar amalgamation or clerks, assistants, cashiers, record keepers and others some of whom were on Rs.
70 115 scale and others on Rs.
At the time of the hearing before us however the learned Attorney General, appearing for the workmen, did number press their claim for modification of the award as regards, night shift allowance, leave rules and procedure for taking disciplinary action and working hours.
It appears that when the dispute was before the Conciliation Officer, Delhi, for settlement an interim agreement was arrived at between the parties on December 20, 1957 by which the management agreed to give certain interim reliefs, ranging between Rs.
80 175 and some on Rs.
In making adjustment in the new scales numberone shall be adversely affected and it shall be on the line laid down by the Industrial Tribunal in the case of Caltex India Ltd., 1951 LLJ.
125 202.
6/ to Rs.
80 203 scale, all of them being number put on a new scale of Rs.
20 of 1958.
Supervisors and others who were formerly on three different scales, some on Rs.
