1979 INSC 0427
                                                       Workmen

                                                           Vs

                                       Balmer Lawrie & Co. Ltd., Bombay

                                          Civil Appeal No. 248 of 1979

                                       (V. R. Krishna Iyer, D. A. Desai, JJ)

                                                      29.10.1979

                                                     JUDGMENT

KRISHNA IYER, J. ­

We have heard counsel on the narrow point of dispute between the management and the workmen
on the question of additional D.A. which was the subject-matter of this appeal. We have taken due
note of the burden that might be cast if any increased rate of D.A. were to be directed to be paid. We
have also had regard to the financial capability of the management. As a result of all these and in the
light of the various figures supplied to us by counsel, we think that the fairest course in the present
situation, with special reference to the latter settlement between the parties, is to direct that a lump
sum of Rs. 6,00,000 less any amount, that might have been paid by the management towards
increase in dearness allowance under the settlement dated August 8, 1979, over and above what has
been awarded by the Tribunal and paid as D.A., will be payable to all the workmen together in their
collectivity. This will cover the liability of the management toward D.A. and overtime for the period
July 1, 1971 to December 31, 1977. There will be no more liability on the part of the management,
on the score of the industrial dispute, and consequential payments to the workmen by way of
production bonus or overtime the sum so paid will be distributed by the company among the various
classes of workmen and individual workmen, on a suitable formula to be worked out by the Union,
to satisfaction of the body of workmen. This shall be done within two months of the formula being
presented by the Union. The statutory liabilities that may be incurred by the management, on
account of this extra payment towards D.A and consequential increase in the emoluments, will be
outside this sum of Rs. 6,00,000, and are not included in this sum. We consider that this is a just
adjustment of the dispute and quite reasonable in the circumstances of the case. With this direction,
we dispose of the appeal. The management, however, will pay the costs of the workmen, quantified
at a sum of Rs. 5,000. For the period January 1, 1978 onwards, the settlement already reached
between the parties will govern their relationship and counsel of both sides agree to this course.

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