P.B.GAJENDRAGADKAR, J.

(1) THE industrial dispute between the Bijay Cotton Mills Ltd., (hereinafter called the appellant) and their workmen (hereinafter called the respondents) which has given rise to this appeal by special leave has gone through a protracted and tortuous course. The respondents claimed that the scale of minimum wages and rates for contract works should be fixed for them because it was alleged that the payments made by the appellant were below the level of the bare subsistence wage. The appellant did not accede to the demand thus made by the respondents, and so on De 1/12/1950, the-present dispute was referred for adjudication to the Industrial tribunal consisting of Mr. D. N. Roy, under s. 10(1) read with s. 12(5) of the Industrial Disputes Act, 1947 (Act XIV of 1947) (hereinafter called the Act). Amongst the items thus referred for adjudication, the first two were (1) that the mill employees be paid minimum wages and rates for contract works as shown in the two statements enclosed, and (2) that dearness allowance be paid to all workers at the rate of. Rs. 35.00 permensem each and it may be increased or decreased according to rise or fall in p