The same has been made clear in paragraph No.
VII Junior Architect Rs.
292 of 1975, published in Maharashtra Government Gazette dated 15th February, 1979.
Graduate VIII Sr.
23, but it appears that the words to each employee after the figure Rs.
590 30 740 EB Rs.
Appeal by Special Leave from the Award dated 20 12 1978 of the Industrial Tribunal Maharashtra in Reference IT No.
2299 and Respondents in CA 2300/79.
Asstt.
1000 50 1300 Rs.
B. Pai, Manick K. Gagrat, J. B. Dadachanji, O. C. Mathur and K. J. John for the Appellants in CA No.
Surveyor Diploma Holder .
The workmen have filed an appeal by special leave, Civil Appeal No.
sd K. N. Wani INDUSTRIAL TRIBUNAL.
M. Tarkunde, P. H. Parekh, S. R. Deshpande and Miss Manik Tarkunde for the Respondents in CA 2299 and Appellants in CA No.
Finally, on the basis that the individual Draughtsman would be given an increase of Rs.
550 25 675 30 Record Keeper 30 860 EB 35 1000.
60 1700.
65/ per month to the individual workmen of all categories, the additional load would total Rs.
150/ and Rs.
150/ were omitted.
In this appeal, the learned companynsel for the appellant had companyered a wide field, but in the end he states that the appellant is aggrieved by two matters only.
690 35 865 40 Lib.
75/ per month and the individual workmen of other categories Rs.
In proceeding to revise the wage structure the Tribunal took into account the two principles involved in the process, the financial capacity of the industry to bear the burden of an increased wage bill, and the prevailing wage structure on an industry cum region basis.
35 1020 EB 40 1300 1265 EB 45 1490.
Asstt./ Canteen Asstt.
Mechanic/ Jr. Librarian.
9,22,032/ .
2300/79.
There was fierce companypetition also, it was asserted, from other similar organisations.
Personnel Asstt.
Immediately after the award was pronounced, while the iron was still hot as it were, the employees apparently realised that the employer might take advantage of the circumstance that it was number clearly mentioned in the award that all the employees were to get additional pay of Rs.
The following Judgements were delivered PATHAK, J. This appeal by special leave has been preferred by Tata Consultancy Engineers against an award dated 20th December, 1978 of the Industrial Tribunal, Maharashtra, Bombay revising the wage scales of certain categories of employees and granting various other benefits.
100/ above the existing wage scales.
100/ in the case of draftsmen and other workmen respectively, the revised wage scale had necessarily to companymence with figures Rs.
Thereafter the Tribunal made an order on the same day in the following terms There can be numberdoubt that a flat increase of Rs.
760 40 1000 50 Rs.
150/ were omitted.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
860 50 1160 Engineering 1300.
150/ to each of the employees in the category of Draftsmen and of Rs.
The claim of the Union was resisted by the appellant, who maintained that the existing wage scales were fair and reasonable on a region cum industry basis and that it would number be possible for the appellant to bear the additional financial burden if the demands of the Union were accepted.
In so companystruing the statement, Exhibit C 51, the Tribunal has grievously erred.
The Union therefore prays the honourable Tribunal to clarify the position and companyrect the award accordingly.
Assist./ Administrative Assist.
50/ per month, the additional load was calculated at Rs.
When the award is sent for publication, a necessary companyrigendum be made in the award and the aforesaid words after the figures Rs.
150/ per month was added to the pay of each Draughtsman and a sum of Rs.
It was clearly so intended by the Tribunal as is evident from the reference to flat increase of Rs.
150/ and Rs.
A similar statement was prepared on the basis of the employees strength as in September, 1978.
100/ to each employee in the other categories has been granted under my award.
When the award is sent for publication, a necessary companyrigendum be made in the award and the aforesaid words after the figures Rs.
23, but it appears that the words to each employee after the figure Rs.
One is the retrospectivity attached to the revised wage scales, and the other is the flat increase given to each employee of Rs.
Since there was to be a flat increase of Rs.
On this application, the Advocate for the employer companypany made the following endorsement Submitted to whatever this Honble Tribunal desires to do.
7,64,256/ .
1230 EB 60 1530.
The Union prayed that the position may be clarified and the award companyrected accordingly.
150/ to each of the employees in the category of Draftsmen and of Rs.
150/ in the category of Draughtsmen and Rs.
On the basis that a sum of Rs.
5,78,220/ .
VI Draughtsman Site Rs.
Reference was made to the political uncertainty in Iran which had placed an appreciable part of the appellants business in jeopardy and to various other factors, peculiar to an engineering companysultancy business, beyond the appellants companytrol.
100/ was intended to each of the employees in the category of Draughtsmen and the other categories.
100/ in the case of the other categories.
The appellant had introduced various pay scales in 1973 and some time later they were revised.
530 40 730 50 Supervisor 1020 EB 50 1320.
On the same date, the Tribunal disposed of the application by the following order There can be numberdoubt that a flat increase of Rs.
100/ in other categories resulting from the order dated 22nd December, 1978.
Clerk Steno Rs.
The Tribunal has relied on this statement as evidence showing that the appellant knew that a flat increase of Rs.
4,97,772/ .
The dearness allowance, it was claimed, should be granted on a slab system.
Operator/ Xerox Operator V Office Asstt.
150/ and Rs.
975 EB 40 1175.
Draughtsman Rs.
IV Sr.
2299 and 2300 of 1979.
380 30 620 40 Rs.
Again, if the flat increase is Rs.
It will be numbered that the statement, Exhibit C 51, was prepared on the basis of the employees strength as in December, 1971.
100/ was added to the pay of every other workman, who belonged to the Union staff, the financial load would increase to Rs.
450 20 530 EB Rs.
75/ per month were given to individual workmen of all categories the total increase would be Rs.
The statement then goes on to indicate that if a flat increase of Rs.
Similarly, the same words to each employee after the figure 100 were omitted.
100/ to each employee in the other categories has been granted under my award.
The same has been made clear in paragraph No.
Similarly, the same words to each employee after the figure 100 were omitted.
150/ in the category of Draftsmen and Rs.
