Judgment

CHINNAPPA REDDY, J.:- We grant special leave to appeal under Article 136 of the Constitution of India and, after hearing the learned Counsel for the parties, we proceed to decide the appeal.

2. An industrial dispute between M/s. Dodsal Private Limited, Bombay and their workmen was referred for adjudication to the Industrial Tribunal Bombay, by the Government of Maharashtra. The dispute concerned wage scales, adjustment and fitment, increment, dearness allowance, special allowance, overtime medical expenses and maternity benefits. On 30th August, 1971, the Industrial Tribunal made an award introducing revised wage scales with retrospective effect from 1st February, 1967, the date of reference. The Tribunal observed, "the present wage of the workmen shall be the guiding factor for adjustment." After so observing, the Tribunal linked the wage-scales to the index bracket 661-670 with the direction that dearness allowance should be paid at the rate of Rs. 4 per month for every rise of 18 points over the index. It may be noticed here that index in Bombay was 670 in February, 1967. The employer preferred an appeal to the SC. There was a settlement in the appeal by which the workmen