1970 (3) TMI 174 - HC - Indian Laws

Delhi High Court Upholds Tribunal Decision on Railway Workers' Wages

The Delhi High Court dismissed the workers' objections to the maintainability of the writ petition, asserting jurisdiction based on the location of ... - Issues Involved:1. Maintainability of the writ petition.2. Financial condition of the S. S. Light Railway and its impact on dearness allowance.3. Legal principles governing dearness allowance.Issue-wise Detailed Analysis:1. Maintainability of the Writ Petition:The workers raised a preliminary objection to the maintainability of the writ petition, arguing that the Delhi High Court lacked jurisdiction to quash the award of the Industrial Tribunal, which had its permanent office in Lucknow. The court dismissed this objection, noting that part of the cause of action arose within its jurisdiction. Specifically, some tribunal hearings took place within the Supreme Court premises in Delhi, and the Central Government published the award in Delhi. The court referenced the Bombay High Court's decision in *Damaomal Kausomal Raisinghani v. Union of India* and *W. W. Joshi v. State of Bombay*, supporting its jurisdiction under Article 226(1-A) of the Constitution, which allows High Courts to issue writs if any part of the cause of action arises within their jurisdiction. Consequently, the preliminary objection was overruled.2. Financial Condition of the S. S. Light Railway and its Impact on Dearness Allowance:The petitioner argued that the financial condition of the S. S. Light Railway did not support the increased dearness allowance mandated by the Tandon Award No. 2. The tribunal found that the railway's economic condition did not justify reducing the already meager wage packets of the workers. The tribunal emphasized that it would only interfere with contracts under compelling circumstances and found no such compelling reasons in this case. It noted that other avenues for economy and revenue increase had not been fully explored. The tribunal concluded that the railway's financial position did not preclude it from paying the dearness allowance. The court agreed, finding no evidence that the railway was unable to comply with the award. The petitioners had not demonstrated financial incapacity to pay the dearness allowance, and the court noted that the railway had been paying dearness allowance at a rate higher than that awarded.3. Legal Principles Governing Dearness Allowance:The court discussed the principles for granting dearness allowance, referencing the Supreme Court's decisions in *South Indian Bank Ltd. v. A. R. Chacko* and *Ahmedabad Mill Owner's Association v. Textile Labour Association, Ahmedabad*. The principles include:- Full neutralization is typically not given except to the lowest class of employees.- Dearness allowance should be on a sliding scale, increasing with the cost of living.- The basis for fixation of wages and dearness allowance is industry-cum-region.- Employees receiving the same wages should receive the same dearness allowance.- The financial burden on the employer and their ability to bear it are crucial factors.The court noted that the S. S. Light Railway workers had been paid more dearness allowance than what was ordered by the impugned award, and there was no basis for quashing the award. Any significant changes in the financial position of the management could be addressed through further adjudication based on altered circumstances.Conclusion:The writ petition was dismissed, and the Tandon Award No. 2 was upheld. The court found no merit in the arguments against the award and emphasized that the financial condition of the railway did not preclude it from paying the dearness allowance as directed. The petitioners were ordered to pay costs, with counsel's fee set at Rs. 200.