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PETITIONER: CLERKS OF CALCUTTA TRAMWAYS
Vs.
RESPONDENT: CALCUTTA TRAMWAYS CO. LTD.
DATE OF JUDGMENT: 11/10/1956
BENCH: MENON, P. GOVINDA BENCH: MENON, P. GOVINDA BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA DAS, S.K.
CITATION: 1957 AIR 78 1956 SCR 772
ACT: Industrial dispute-Dearness allowance-Clerks-Middle class employees-Whether uniform rates to be adopted-Decisions of Tribunals-Power of the Supreme Court to interfere.
HEADNOTE: It is well settled that the decisions of a Tribunal on questions of fact are final and that the Supreme Court would interfere only in cases where (1) the Tribunal acts in excess of the jurisdiction conferred upon it under the statute or regulation creating it or where it ostensibly fails to exercise a patent jurisdiction; (2) there is an error apparent on the face of the decision; (3) the Tribunal has erroneously applied well-accepted principles of jurisprudence. The Bengal Chamber of Commerce of which the respondent Company was a member, had made an investigation into the cost of living index for the middle class families and, fixed the dearness allowance payable to the employees of the mercantile firms in Calcutta. Before the Industrial Tribunal as well as the Labour Appellate Tribunal the claim was put forward on behalf of the appellants (the clerks of the respondent Company) that the dearne...