Judgement

BHAGWATI J.- The facts and circumstances which led to the present Appeal may be shortly stated as under.

2. The appellant, the management of the Tea, Estates in Assam represented by the Indian Tea Association, Calcutta, used to supply certain quantities of rice and other articles of food at concession rates to their workmen. Before February 1950, the supply of rice at such concession rates to an adult male worker was 5 seers per week. From February 1950, the rice quota was reduced by half-a-seer per week and for the said cut the employers agreed to pay cash compensation at the rate of 6 pies per working day. Due to shortage of cereals, the Government of India notified on the 18th November 1950, "an All India Cereal Ration Scale which laid down that no adult male worker was entitled to get more than 3.5 seers of rice per week". The result was a further cut of another seer of rice per week in the supply of rice at concession rates. The workmen claimed compensation in cash for this cut in the rice quota. This led to a dispute between the employers and the workmen and that dispute was referred for adjudication by the Government of Assam by its notification dated the 30th Octob