JUDGMENT

B.P. JEEVAN REDDY, J.—This appeal is preferred by the Labour Union, Sarva Shramik Sangh, Bombay against the judgment of the Division Bench of Bombay High Court allowing Writ Appeal No. 247 of 1977. The appeal was preferred by the respondent-employer, the Indian Hume Pipe Company Limited, against the judgment of a learned Single Judge dismissing the writ petition preferred by it (Management) against the award of the Industrial Tribunal, Bombay. The main question arising for decision in this appeal pertains to the power of the Industrial Tribunal to award relief with effect from a date anterior to the date of raising the dispute by the Labour Union.

2. On November 2, 1965 the appellant-union submitted a demand for payment of dearness allowance to the daily-rated workmen employed at the respondents Wadala Factory at the same rate as is paid to the monthly-rated employees, with effect from January 1, 1964. On November 15, 1965 these demands were placed before the Conciliation Officer and thereafter before the Conciliation Board. On March 15, 1967 the Conciliation Board submitted its failure report. It appears that the recommendations of the Central Wage Board were awaited at that time and the company agreed to implement the final recommendations of the said Board as accepted by the Central Government. On April 26, 1968 the appellant-union submitted a memorandum before the Government reiterating the said demand. They claimed the said benefit with effect from November 15, 1965. On July 5, 1968 the Government referred the said dispute to the Industrial Tribunal. In November 1968 the respondent-company filed a writ petition in the Bombay High Court challenging the validity of the order of reference. On February 27, 1973 the High Court disposed of the writ petition in the following terms: "By consent the order Exhibit C dated July 5, 1968 is set aside without prejudice to the rights of the respondents to refer fresh dispute in respect of the same demands according to law."

3. On March 19, 1973 the appellant submitted a demand to the management claiming the very same relief with effect from November 15, 1965. On the basis of the said demand, the Government made a reference to the Industrial Tribunal, Bombay, on March 26, 1973. The dispute referred reads as follows:

"All the daily-rated workmen from Wadala factory of the company should be paid dearness allowance at the same scale that is given to monthly-rated staff of the factory with retrospective effect from November 15, 1965 i.e. at the rate given below:

Slab salary

D.A. index 311 to 320

Variation for 10 points

Up to Rs 100

65% of basic salary or

revised textile scale for

all days of month

whichever is higher

5%

Rs 101 to 200

30%

2%

Rs 201 to 300

15%

1%

Rs 310 and above

10%

1%"

4. On January 3, 1977 the Tribunal made its award. It directed that "all the daily-rated workmen from Wadala Factory of the company should be paid dearness allowance at the rate of 15% of the revised textile rate with effect from January 1, 1968. The company is further directed to pay all the arrears to these workmen within two months from the date of the publication of the award. Award accordingly. No order as to costs."

5. The management questioned the validity of the said award by way of a writ petition in the Bombay High Court (Miscellaneous Petition No. 627 of 1977). On June 15, 1977 a learned Single Judge dismissed the writ petition holding that the error, if any, in the award of the Tribunal is not an error of jurisdiction calling for interference under Article 226 of the Constitution. The respondent-company preferred an appeal which was disposed of by the Division Bench under its judgment and order dated September 1, 1992, impugned herein. The Division Bench affirmed the award except with respect to the date from which the relief was granted by the Tribunal. The Division Bench was of the opinion that the Tribunal had no jurisdiction to award relief to the workmen with effect from a date prior to the date on which th