Judgement

DUA, J. :- Facts giving rise to this appeal by special leave may briefly be stated:

On May 18, 1956 an award was made by Shri Majumdar, which is popularly known as the Majumdar Award. On May 23, 1960 the Central Government, in exercise of the power conferred by Section 36-A of the Industrial Disputes Act, 14 of 1947 (hereinafter called the Act) referred to Shri G. Palit, Chairman, Central Government Industrial Tribunal, Dhanbad the question

"Whether traffic is to be placed in Grade II of the clerical service in terms of the said Award" the award being the award of the All India Industrial Tribunal (Colliery Disputes) published in the Gazette of India Extraordinary, Part II, Section 3 dated the 26th May, 1956. (S. R. O. No. 1224 dated 18-5-56).

"Traffics are a category of clerical staff covered by the award of the All India Industrial Tribunal (Colliery Disputes), popularly known as the Majumdar Award , and it appears that in the opinion of the Government a difficulty or doubt had arisen with regard to the interpretation of the provisions of the said award in so far as it related to the scale of pay etc. for "Traffics and accordingly, the question had been referred for in