( 1 ) THIS is an industrial dispute between the Rifle Factory Co-operative Society Ltd. and its workmen. The petitioner applied for and obtained a Rule nisi on 25-1-1956 for a writ in the nature of mandamus or prohibition and certiorari directed against an award of the Fourth Industrial Tribunal purported to have been made under Section 20 (2) of the Industrial Disputes (Appellate Tribunal) Act. An interim order was obtained on that day staying all further proceedings and the Rule was fixed for hearing on 22-2-1956. It has taken all this time to come up for disposal.

( 2 ) THE facts may be briefly set out before discussing the points involved in the application. By an order dated 30-8-1952, the Government referred to the Fourth Industrial Tribunal for adjudication amongst others the dispute which was described as, "issue No. 2", in the order of reference in the following terms : "whether the graded scale of pay of all categories of employees now in force should be revised: what should be the fair scales of pay of the employees. " The Award was made on 18-9-1953. The material portion of the Award relevant for the purpose of determining this application is as fol