Judgment

WANCHOO. J., This appeal by special leave arises out of an industrial dispute between the appellant, Messrs. French Motor Car Co. Limited and their workmen, who are the respondents before us. Four matters were referred for adjudication by the Government of Maharashtra under S. 10 of the Industrial Disputes Act, No. XIV of 1947, to the Industrial Tribunal, Maharashtra. Of these we are concerned in the present appeal with (i) wages and scales of pay for clerical staff workshop employees and subordinate staff {ii) dearness allowance for clerical staff, and (iii) provident fund.

2. The case of the respondents was that the appellant company was in a very flourishing condition and therefore the wage-scales should be revised. The appellant did not contend that its financial position was not good enough to bear an increased burden; it, however; contended that the wage scales had been revised only few years before and there was no ground for further revision so soon thereafter. The tribunal went into the financial capacity of the appellant to bear an increased burden of wage scales and found that its finances would be able to bear the burden which it was going to put on it by revisio