Judgment

DESAI, J.:- In exercise of the power conferred by S. 4(k) of the U. P. Industrial Disputes Act, 1947 (Act for short) the Government of Uttar Pradesh by its order dated May, 23, 1975 referred the following dispute to the Industrial Tribunal for adjudication. The reference is in Hindi. Agreed translation of the industrial dispute referred for adjudication reads as under :-

"Whether the variable dearness allowance payable by the employers to their workmen should be revised and it should be linked with the consumer price index for industrial workers at Kanpur computed by Labour Bureau, Simla? If yes, then from what rate (sic) and with what other details."

2. There are two rival unions of the workmen employed by the Indian Oxygen Ltd. (Company for short) in its industrial undertaking at Kanpur. They are the Indian Oxygen Karamchari Union (Karamchari Union for short) and the Indian Oxygen Shramik Sangh (Shramik Sangh for short). There is a federation of trade unions formed at various centres where the Company has its industrial undertakings. Shramik Sangh is affiliated to the federation. Karamchari Union claims to represent to workmen employed by the Company at Kanpur. The demand a