Judgment

K. SUBBA RAO J.: These appeals are by Special Leave from the Award by G. Palit, Judge, Fifth Industrial Tribunal, West Bengal, in the matter of a dispute between Messrs. Bengal Chemical & Pharmaceutical Works Limited, Calcutta, and their employees, represented by Bengal Chemical Mazdoor Union, Calcutta.

2. The Government of West Bengal by its order dated September 13, 1956, referred the following dispute between the parties referred to above to the Second Industrial Tribunal under S. 10 of the Industrial Disputes Act, 1947 (Act 14 of 1947), hereinafter referred to as the Act. "Is the demand of the employees for increase in Dearness Allowance justified? If so, at what rate?". The said Act was amended by the Industrial Disputes (Amendment & Miscellaneous Provisions) Act, 1956 (36 of 1956), which came into force on August 28, 1956. On April 9, 1956 the Government made an order transferring the said dispute from the file of the Second Industrial Tribunal to that of the Fifth Industrial Tribunal. The Fifth Industrial Tribunal, after making the necessary inquiry, made the award on August 26, 1957 and it was duly notified in the Calcutta. Gazette on September 26, 1957. As a mistake