Judgment

VAIDIALINGAM, J.:- In this appeal by special leave, the question that arises for consideration is the correctness of the award of construction allowance to the operational staff.

2. By its order dated June 1, 1967, the Central Government referred for adjudication to the National Industrial Tribunal, Calcutta, various disputes. We are concerned in this appeal only with dispute No. 5 (a) namely -

"Should construction allowance be payable to any categories of regular employees for extension of existing projects after the operation stage has commenced? If so, to what extent and to which categories of regular employees?"

The unions claimed payment of construction allowance to the operational staff also while the management contested their claim. The Tribunal by its award dated January 27, 1968, in Reference No. NIT-2 of 1967 has held that construction allowance should be payable to all categories of regular employees at any station where work of extension of the existing project, after the operation stage has commenced, is going on i.e., at any station where there is both construction work and operational work. The Tribunal has further directed such payment to be made uniformly to