Judgement

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 Co. Ltd, numbering about 600, out of a total of 10,000 workmen. Disputes having arisen between the workmen of the Calcutta Tramways Co. 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 16-5-1947, by Sri S. N. Guha Roy, and the other dated 27-10-1948, by Sri P. K. Sircar. Both of these awards related to all the employees of the Company and not to the clerks and Depot cashiers alone. Subsequently a reference was made by the West Bengal Government on l3-6-1951, concerning a dispute relating to the dearness allowance of the workman of the Company, excluding clerks and Depot cashiers. There was an award and an appeal, and in that appeal