B. S. BACHAWAT, J.

( 1 ) THIS appeal arises out of writ proceedings relating to an industrial dispute between the employers B. N. Elias and Company, Private Limited, and associated concerns and their workmen represented by B. N. Elias and Co. Ltd. Employees Union. B. N. Elias and Company, Private Limited, has, at all material times, been a member of the Bengal Chamber of Commerce and Industry. Most of the members of the Bengal Chamber of Commerce and Industry adopted model terms of service for their clerical and subordinate staff calculated with reference to the middle class cost of living index. In 1948 industrial disputes between numerous concerns including the appellants and the workmen were referred to the Mercantile Tribunal. The award of the Mercantile Tribunal is dated the 17th February, 1949. Under that award the grade of the subordinate staff was Rs. 30--1--40--E. B.--1-50 and the dearness allowance as existing under the Bengal Chamber of Commerce scheme was maintained. The Mercantile Tribunal proceeded on the principle that the minimum total emoluments should be Rs. 60/- out of which at least Rs. 30/- should be the basic wages and directed that the minimum basic wages of

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