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1968 Supreme(SC) 268

Bengal Chemical And Pharmaceutical Works LTD. – Appellant
Versus
Its Workmen – Respondent


Advocates:
A.S.R.CHARI, B.P.MAHESHVARI, D.L.SEN GUPTA, D.N.MUKHERJI, H.R.GOKHALE, JANARDAN SHARMA, N.M.SHETYE, S.K.NANDY

Judgment

VAIDIALINGAM, J.: In these two appeals, by special leave, the company and the workmen s Union attack the award of the Industrial Tribunal, West Bengal, dated January 14, 1965, in so far as it is against each of them. The Government of West Bengal, by its order dated November 5, 1963, referred for adjudication six issues, viz:

1. Revision of dearness allowance;

2. Revision of the scheme of gratuity;

3. Age of superannuation;

4. Leave and holidays;

5. Canteen facilities; and

6. Shift allowance for supervisors.

2. In both these appeals we are concerned only with issues Nos. 1 to 3. With regard to dearness allowance, the Tribunal had directed that it should stand revised from November 1963. It provide a sliding scale for an increase or decrease of Re.1 for rise or fall of five points in the cost of living index, with retrospective operation from November, 1963. It further directed that the dearness allowance payable for each month from November 1963 shall be recalculated on that basis and additional amount due to workmen should be paid in two monthly instalments after the date of publication of the award. There was a further direction to the effect that the dearness allowance for

























































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