Judgment

DWIVEDI, J.:- M/s. Woolcombers of India Limited have their factory at Jagatdal, 21 miles from Calcutta. They shall hereafter be addressed as Woolcombers. They are the appellants in this case. The respondents are their workmen employed in the factory at Jagatdal. They are represented by two Unions: Woolcombers Workers Union and the Issac Holdens Mazdoor Union. On June 4, 1969, the West Bengal Government referred an industrial dispute between the Woolcombers and their workmen to the 6th Industrial Tribunal, Calcutta for adjudication. As many as 10 points of dispute were referred. Parties filed their written statements and produced their oral and documentary evidence. After examining the evidence, the Tribunal gave its award on September 26, 1969. All the referred points except a part of point No. 1 and point No. 7 were decided against the workmen. Point No. 7 related to the categorisation of workmen in the factory. They were catagorised into four classes: (1) highly skilled workmen, (2) skilled workmen, (3) semi-skilled workmen and (4) unskilled workmen. The finding on point No. 7 is not impugned in this appeal. A part of point No. 1 relating to the fixation of grades and scales of pay was decided against the workmen. There is no appeal against this Part of the award by the workmen. The remaining part of point No. 1 relating to the fixation of the basic wage and dearness allowance was decided in favour of the workmen. The basic wage of the workmen was fixed in the following manner:

(1) highly skilled workmen - Rs. 32/- per week

(2) skilled workmen - Rs. 28/- per week.

(3) semi-skilled workmen - Rs. 25/- per week

(4) unskilled workmen - Rs. 22.50 P. per week.

They were also given an increment of Rs. 10/- over the basic wage. The basic wage of other employees was fixed in the following manner:

(l) Clerk Grade I Rs. 150-5-170-8-250

(2) Clerk Grade II Rs. 130-5-200

(3) S. B. Clerk Rs. 200-10-300

(4) S. A. Clerk Rs. 270-10-370

(5) Driver Rs. 120-5-140

(6) Darwan Rs. 90/-

(7) Sweeper Rs. 86/-

(8) Junior Laboratory Assistant Rs. 130-10-170-12-206-15-251-18-305

(9) Senior Laboratory Assistant Rs. 180-15-240-20-300-25-400

(10) Overlooker Rs. 180-15-290-20-410

2. Before the award, all the workers were getting dearness allowance at the flat rate of Rs. 94.10 p. The award has varied the dearness allowance in the following manner:

(1) Employees getting Rs. 100 or below per month - dearness allowance at Rs. 150/- per month.

(2) Employees getting between Rs. 100 and 200 per month-dearness allowance at Rs. 60/- per month for the second Rs. 100/-.

(3) Employees getting between Rs. 200 and 300 per month-dearness allowance at Rs. 20/- for the additional Rs. 100/-.

3. This rate of dearness allowance will remain in force so long as the point for the cost of living fluctuates between 650 and 750. If the point goes beyond 750, per 5 points there will be an increase of Re. 1/-. Similarly, if the point goes below 650, per 5 points there will be a decrease of Re. 1/-.

4. The Tribunal has not stated the reasons in support of its conclusions. This criticism of Shri Chaudhary, counsel for the Woolcombers, appears to us to be right. As regards basic wages, the Tribunal says only this:

"I am inclined to lay down the basic wages of the workmen............Those who are highly skilled workmen.........will get Rs. 32/- per week as their basic wages. Those who are skilled workmen.........will get Rs.. 28/- per week as their basic wages. Those who are semi-skilled workmen......will get Rs. 25/- per week as their basic wages.........Those who are unskilled workmen will get Rs. 22.50 P. per week as their basic wages."

As regards the basic wages of other employees, the Tribunal says: "Now in the light of the enhanced pay as revised by me in respect of skilled. unskilled, semi-skilled and highly skilled workers, I want to revise" the existing wages of clerks, drivers, durwan, sweeper, laboratory assistants and overlookers.

5. It may be observed that the first passage qu