Can an Industrial Tribunal, while adjudicating upon a reference order the employer to give financial benefits to a class of its employees on the ground that such financial benefits are being availed of by another class of employees, though, according to the decision of the Apex Court, the policies, whereunder the financial benefits are being made available, do not apply to any of the classes of the employees, whose cases have been considered by the Industrial tribunal is the moot question, which this writ petition raises.

2. The management of the Hindustan Paper Corporation Ltd. (hereinafter referred to as "the Corporation) Cachar Paper Mill, District: Hailakandi, has sought for a writ of Certiorari to set aside the award, dated 19.12.98, passed by the learned Presiding Officer, Industrial Tribunal, Silchar Assam in reference Case No. 5 of 1996.

3. In a nutshell, the facts and various stages, which have led to this writ petition may be set forth as follows:-

(i) The Board of Directors of the Corporation vide its letter dated 31.10.1994 (Annexure-A) agreed, on 30.9.94, to the proposal for granting North Eastern Allowance (hereinafter referred to "NE Allowance") @ 10% o