JUDGMENT

SHINGHAL, J. :— The Government of Maharashtra referred to the Industrial Tribunal, Bombay, the dispute between the New Standard Engineering Company Ltd., Bombay (referred to as the Company) and its workmen, for adjudication under Section 10 (1) (d) of the Industrial Disputes Act, 1947, hereinafter referred to as the Act. The order of reference was made on August 9, 1966, and it stated all the demands of the workmen. The Tribunal gave its award on November 29, 1972. It held, inter alia, that the revised wage scales and the scheme of dearness allowance shall come into force and the workmen shall be entitled to wages at the revised rates from January 1, 1968.

2. The Company challenged the award in the High Court by a petition under Articles 226 and 227 of the Constitution which was fixed for hearing on July 30, 1973. An application was made for an adjournment, but to no avail. The dictation of the judgment commenced on July 31, 1973 and was concluded on August 1, 1973. One of the points which was urged in the High Court was that the Company had arrived at a settlement with the Union known as the Bhartiya Kamgar Sena (respondent No. 3) and an award may be made in terms of that