K.C.Das Gupta, J.

(1) SIX mattera in dispute between the respondent, Hindusthan Motors, Ltd., and their workmen were referred to the second Industrial tribunal, West Bengal. The first five were:

(1) grades and scales of pay,

(2) dearness allowance,

(3) production bonus,

(4) contract labour, and

(5) casual Leave.

The sixth was in respect of the termination of services of some workmen. The tribunal by its award decided that the workmen were not entitled to any relief as regards the third, fourth, fifth and the sixth of these matters. On the question of grades and scales of pay the tribunal laid down several slabs of annual increments for the time-rated workmen but refused to make any change in the rates of piece-rated workmen. On the question of dearness allowance it fixed the same rates as fixed by the Third Major Engineering tribunal award for the engineering concerns covered by its award but did not make any provision for any changes on account of changes in the cost of living index. The tribunal refused to modify the production bonus scheme which was already in operation in the concern and also to extend the scheme to the plant engineering, master mechanic and inspection and supply and stores departments for which claim was made by the workmen. The workmens claim for abolition of contract labour in some departments and their demand for ten days casual leave were also rejected. The workmen applied for special leave to appeal against the tribunals award on all these six matters. Special leave was however granted only la respect of the first five matters. At the hearing, the appeal was not pressed in respect of two matters, viz,, the contract labour and the casual leave. It would be necessary, therefore, to examine the award only in respect of the first three matters, viz.,

(1) grades and scales of pay,

(2) dearness allowance, and

(3) production bonus.

(2) THE arguments before us regarding the grades and scales of pay have centred round the question whether the tribunal was justified in not applying to the time-rated workers the grades and scales of pay awarded by the Third Major Engineering tribunal. It has to be noticed that the respondent company was originally made a party to the order of reference to the Third Major Engineering tribunal; but it got its name deleted from that reference by moving High court on the ground that the provisions made by another Industrial tribunal (ale) and its workers were at that time subsisting. At the hearing of the present reference the workmen appear to have contended that even though the respondent Is also an engineering concern It should; In view of Its exceptional prosperity, pay wages at a higher rate than was fixed by the Third Major Engineering tribunal for workmen in other engineering concerns. The present tribunal agreed that the respondent Is an engineering concern and addressed Itself to the question whether the grades and scales Introduced by the Third Major Engineering tribunal could reasonably be applied to this concern. 16 accepted however the respondents plea that In view of the numerous categories of the workmen of tbia concern no division In groups according to the skill was possible and so grades and scales of pay provided In the award of the Third Major Engineering tribunal had to be modified. In making the modification It fixed the slaba and rates thus:

" (1) The mazdoors and helpers will have an annual Increment of 4 naye patse per day for two years after they have completed one year of service on the rate of Bs. 1.34 fixed by the award provided that they have Improved In efficiency In respect of both nature and quality of the work.

(2) Between the dally wage rates of Ra. 1.54 and Rs. 1.75 there will be a Blab of 6 years with annual Increments at the rate of 4 naye palse per day for 4 years and at the rate of 5 naye palae per day for the fifth year.

(3) to (5) Between the crflly wage-rates of Rs. 1.75 and Rs