Judgment

DAS GUPTA, J. : These two appeals by special leave, one by the employer and the other by the workmen, arise out of an industrial dispute that was referred for adjudication to the Industrial Tribunal, Delhi by an order made on January 23, 1958 by the Chief Commissioner, Delhi. The Tribunal made its award on March 16, 1959. Out of the numerous matters that were included in the terms of reference, we are concerned in these appeals only with a few. The employer challenges the award as regards: (1) Scales of pay, (2) Dearness allowance, (3) Adjustments, (4) Leave Rules, (5) Gratuity and (6) Retrospective effect of the award. The workmen also attacked the award as regards the scales of pay and dearness allowance. In addition, they have attacked the award as regards the working hours, leave rules, night shift allowance, retirement age and procedure for taking disciplinary action. At the time of the hearing before us however the learned Attorney-General, appearing for the workmen, did not press their claim For modification of the award as regards night shift allowance, leave rules and procedure for taking disciplinary action and working hours.

2. It appears that when the dispute was