C.A.VAIDIALINGAM,J.

(1) THIS appeal, by special leave, by the appellant com- pany, is directed against the award, dated 26/06/1969 of the Industrial Tribunal, Maharashtra, Bombay in Reference (IT) No. 287 of 1967.

(2) ON a joint application made by the appellent and the respondents, the Deputy Commissioner of Labour (Administration), Bombay, by virtue of the delegation of powers made in his favour by the government of Bombay, referred, by his order dated 2/09/1967 the following questions for adjudication: "All permanent workmen shall be paid dearness allowance as under with retrospective effect from January 1966 : Up to and including Bombay As provided in settlement dated

Consumer Price Index 600 April 6, 1966.

points.

When the Bombay Consumer 45% rise on the wages arrived at

Price Index is in the range after working at 500 index figure

of 601/610 as per Clause 2 of the settlement

dated 10th October, 1964.

Variation for every ten 5% rise or fall on the wages arrived

points thereafter at after working at 500 index figure

as per Clause 2 of the settlement

dated 10th October, 1964."

Úf In the questions noted above and which relate to a claim for dearnes