JUDGMENT

Arijit Pasayat, J. — Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Punjab and Haryana High Court dismissing the appeal filed by the appellant under Section 100 of the Code of Civil Procedure, 1908 (in short the Code). The defendant Morinda Co-operation Society Workers Union (hereinafter referred to as the Union) as plaintiff filed a suit claiming dearness allowance on the wages plus fixed allowance in accordance with para 317 (ii) of the Third Wage Board Report. The first appellate court reversed the judgment and decree of the trial court, holding that the subject matter of the suit cannot be said to be a dispute touching the business of the society. Accordingly the appeal was allowed. Second Appeal was filed by the defendant (present appellant) contending that the view of the trial court was justified and that of the first appellate court was not justified.

2. The plaintiff–Union filed the suit seeking declaration to the effect that the members of the plaintiff–Union was entitled to the benefit of the Variable Dearness Allowance (for short the VDA) on the basic wages plus fixed allowance in accordance with para 317(ii) of