BHANDARI, J.—This is a Writ petition under Art. 226 of the Constitution on behalf of Bijai Cotton Mills Ltd., Bijainagar which carries on the business of manufacturing yarn at Bijainagar, Tehsil Beawar, which formed part of the State of Ajmer Merwara before its merger in Rajasthan in 1956.

2. Sometime in the year 1950 a dispute arose between the petitioner and its workmen regarding the scale of wages being paid to the workmen. The contention of the workmen was that it was much below the subsistence level. The Government of Ajmer referred the dispute for adjudication to the Industrial Tribunal under Sec. 10(1) read with Sec. 12(15) of the Industrial Disputes Act, 1947. These proceedings after a prolonged trial ended on the 7th June 1955 in an award by Mr. C. Jacob, who was appointed as the Tribunal. In substance the award fixed the basic minimum wages to be paid to all categories of workmen as specified in the enclosure to the award. The workmen were further held entitled to the dearness allowance at a uniform rate of Rs. 10/- per mensem. The wages and dearness allowance were directed to be paid from 1st of December, 1950. Both the parties went in appeal to the Labour Appellate Tribu

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