Judgment

SHAH, J.: These appeals arise out of an award made by the Industrial Tribunal, Delhi, in I. D. Reference No. 70 of 1958: the first three appeals are filed by the employers, and the last two by the employees. By its award the Industrial Tribunal, Delhi, has framed two schemes relating to payment of gratuity to the workmen employed in four textile units in the Delhi region. The employers and the workmen are dissatisfied with the schemes and they have filed these appeals challenging certain provisions of the schemes.

2. In the Delhi region there are four textile units: the Delhi Cloth Mills - which will be referred to as D. C. M.; Swatantra Bharat Mills - which will be referred to as S. B. M.; Birla Cotton Mills- which will be referred to as B. C. M.; and Ajudhia Textile Mills - which will be referred to as A. T. M,. The D. C. M. and S. B. M. are under one management. On March 4, 1958 the Chief Commissioner of Delhi made a reference under Sections 10 (1) (d) and 12 (5) of the Industrial Disputes Act, 1947, relating to four matters in dispute, first of which is as follows:

"Whether a gratuity for retirement benefit scheme should be introduced for all workmen on the following line