JUDGMENT

KHALID, J. :— This appeal, by special leave, is directed against the award of the Industrial Tribunal in IT No. 531 of 1975, dated 27th October, 1980. The appellants are the monthly-rated workmen at Wadala Factory of the Indian Hume Pipe Company Ltd., Bombay and the respondent the Company mentioned above.

We will briefly refer to the history of the demands of the workmen in this Company to appreciate how the dispute involved in this appeal originated. The respondent (hereinafter referred to as the Company) is an Engineering concern owning sixty factories spread throughout India. In Bombay, it has a factory at Wadala and head office at Bellard Estate. In this appeal, we are concerned with the monthly rated workmen at the Wadala Factory. In this factory there are about 375 daily rated workers and 80 monthly rated clerical and subordinate staff. The total labour strength all over India is about 3000 daily rated workers and 1000 monthly rated clerical and subordinate staff.

In the year 1950, there was an industrial dispute pertaining to the pay scales and dearness allowance of the workmen in this factory. An award was passed in this dispute by the concerned Industrial Tribunal i