Judgment

GROVER, J.: - This is an appeal by special leave from an award of the Industrial Tribunal-cum-Labour Court, Jabalpur.

2. The appellant company owns and manages, inter alia, seven collieries in the district of Dhanbad. In the year 1956 an All India Industrial Tribunal known as the Mazumdar Tribunal gave an award in respect of colliery disputes. In this award, commonly known as the Mazumdar Award the wage structure was fixed inter alia for the clerks employed in the various collieries including those belonging to the appellant company. The scales of salary under the said award were fixed as follows:

Grade III - Rs. 36.3.75

Grade II - Rs. 45.3.54.4.80.

Grade I - Rs. 60.4.80.5.115

According to this award Bonus and Provident Fund Clerks were put in Grade II and Leave Clerks etc. in Grade III. The said scales were fixed by consent on the statements placed before the Tribunal by the Indian Mining Association and the then Principal Labour Federation. The appellant had fixed its own grades according to which the salaries were being paid at the time of the implementation of the Mazumdar Award and, therefore, it suitably raised the Award scales of pay as follows without disturbing the