5 in the higher pay ranges taking the companyt of living index of the workmen class at 370 points.
51 to Rs.
47/8/ as dearness allowance for a pay range of Rs.
Cal 3 of 1952 arising out of the award dated September 25, 1951, of the Court of District Judge, Industrial Tribunal, Calcutta in Case No.
The companyt of living index for the middle class families had been fixed by an investigating body of the Bengal Chamber of Commerce during the relevant year at 382 points, whereas the index in the case of working class was fixed at 370 points.
Appeal by special leave from the judgment and order dated November 6, 1952, of the Labour Appellate Tribunal, Calcutta in Appeal No.
In the present award, which relates to the clerks and the Depot cashiers alone, the Industrial Tribunal gave Rs.
Ltd., numbering about 600, out of a total of 10,000 workmen.
October 11.
The Judgment of the Court was delivered by GOVINDA MENON J. This appeal is by special leave against the decision of the Labour Appellate Tribunal of India, Calcutta, which modified the award, passed by the Industrial Tribunal, Calcutta, in the matter of a dispute referred to it by the Government of West Bengal, for adjudication with regard to the rates of dearness allowance for clerks and Depot cashiers, employed by the Calcutta Tramways Coy.
5 for each slab of Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
VIII 23 of 1951.
C. Isaacs, A. K. Datt and Sukumar Ghose, for the appellants.
Subsequently a reference was made by the West Bengal Government on June 13, 1951, companycerning a dispute relating to the dearness allowance of the workmen of the Company, excluding clerks and Depot cashiers.
Both of these awards related to all the employees of the Company and number to the clerks and Depot cashiers alone.
Before the Labour Appellate Tribunal, as well as the Industrial Tribunal, the claim put forward on behalf of the clerks and Depot cashiers was that the dearness allowance should be on the same rates as decided upon by the Bengal Chamber of Commerce of which the companypany is a member and numberdifference should have been made between the dearness allow ance recommended by the Bengal Chamber of Commerce and that to be awarded by the Industrial Tribunal.
C. Setalvad, Attorney General for India, D. B. Das and N. Mukherji, for the respondent.
105 of 1954.
50 and up to the pay range of Rs.
The increased amount awarded for the various pay ranges and shown in the decision of the Labour Appellate Tribunal which need number be repeated again, was founded on these companyt of living indices though the amount was number the same as recommended by the Bengal Chamber of Commerce.
2/8/ more than what was granted to the other workmen of the Company.
250 and by a flat rate of Rs.
There was an award and an appeal, and in that appeal the Appel.
Disputes having arisen between the workmen of the Calcutta Tramways Coy, Ltd. which may hereafter be called The Company on the one hand, and the employers on the other, relating to the dearness allowance payable to the workmen, there were two previous awards, one dated May 16, 1947, by Sri S. N. Guha Roy, and the other dated October 27, 1948, by Sri P. K. Sircar.
Sen and P. k. Bose, for Intervener State of West Bengal .
100 and provided for a progressive increase of Rs.
7/8/ for workmen in the pay ranges below Rs.
late Tribunal increased the dearness allowance by Rs.
50 in the pay range.
The Appellate Tribunalincreasedthe amounts so awarded by Rs.
