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 prices. In the present appeal we are concerned with the minimum wages.

(2) IT appears that Mr. Roy found himself unable to fix any basic minimum wage, and to support his view, that it would be inexpedient to fix any minimum basic wage in the proceedings pending before him, he referred to the fact that the question of fixation of the basic wage had been rendered enormously difficult by the state of industrial development in the State of Ajmer and by the unsteady and frequent fluctuations in prices. Even so be considered several items of dispute referred to him and announced his award on 5/10/1951.

(3) THIS award was challenged by the respondents before the Labour Appellate tribunal. The appellate tribunal there upon remanded the matter to Mr. Roy with a direction that the issues as to the basic wage and as to dearness allowance should be specifically determined and appropriate directions issued on those two items. This remand order was passed on 20/10/1952.

(4) BY the time the proceedings were taken up before the tribunal on remand, Mr. Roy was not available because he had ceased to be a District Judge in Ajmer. In his place Mr. Sharma was appointed. Mr. Sharma then made his award on 8/09/1953. He fixed Rs. 25.00 as basic wage and Rs. 10.00 as minimum dearness allowance. It appears that the award thus made by Mr. Sharma was subsequently quashed on the ground that his appointment had not been duly published as required by the Act. This order was passed on 25/05/1955.

(5) MR. C. Jacob was then appointed Industrial tribunal. He made his award on 25/01/1956. By this award Mr. Jacob in substance agreed with the view taken by Mr. Sharma and fixed the basic wage at Rs. 25.00 per mensem and the minimum dearness allowance at Rs. 10.00 per mensem. This award was directed to come into operation as from 1/12/1950. This award was again challenged before the Labour Appellate tribunal and the appellate tribunal has partly allowed the appeal preferred by the respondents and increased the basic wage from Rs. 25.00 per mensem to Rs. 30.00 per mensem. The amount of the minimum dearness allowance has been affirmed at Rs. 10.00 permensem. This decision was announced by the appellate tribunal on 12/12/1956. It is this decision that has given rise to the present appeal by special leave.

(6) IT is common ground that a Statutory Committee was appointed under Minimum Wages Act, 1948 (Act XI of 1948) in respect of Ajmer on 17/01/1952. Its report was submitted on 4/10/1952, and a notification was issued in pursuance of the said report on 7/10/1952. This notification has come into force as from 8/01/1953, and in consequence the basic minimum wage is now statutorily fixed at Rs. 30.00 per mensem and dearness allowance at Rs. 26.00 per mensem.