IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.27 OF 2008 LETTERS PATENT APPEAL NO.27 OF 2008 LETTERS PATENT APPEAL NO.27 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.26 OF 2008 CIVIL APPLICATION NO.26 OF 2008 CIVIL APPLICATION NO.26 OF 2008 IN IN IN WRIT PETITION NO.86 OF 2008 WRIT PETITION NO.86 OF 2008 WRIT PETITION NO.86 OF 2008 ALONG WITH ALONG WITH ALONG WITH LETTERS PATENT APPEAL NO.28 OF 2008 LETTERS PATENT APPEAL NO.28 OF 2008 LETTERS PATENT APPEAL NO.28 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.27 OF 2008 CIVIL APPLICATION NO.27 OF 2008 CIVIL APPLICATION NO.27 OF 2008 IN IN IN WRIT PETITION NO.71 OF 2008 WRIT PETITION NO.71 OF 2008 WRIT PETITION NO.71 OF 2008 The Associated Cement Companies Ltd. (Now known as ACC Limited) ..Appellant. V/s. Associated Cement Staff Union ..Respondent. Mr.J.P.Cama, senior Advocate i/b. M/s.Haresh Mehta & Co. for appellant. Mr.P.M.Patel for respondent. CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND J.P.DEVADHAR, J. J.P.DEVADHAR, J. J.P.DEVADHAR, J. DATED : 15TH FEBRUARY, 2008. DATED : 15TH FEBRUARY, 2008. DATED : 15TH FEBRUARY, 2008. P.C. :- P.C. :- P.C. :- 1. The present appeals are filed against the orders passed by the learned Single Judge on 31st January, 2008 whereby, while declining the interim relief prayed by the petitioner Company, the learned Single Judge directed that the payment of Rs.400/- by way of ad-hoc payment per month to the employees - = : 2 : = - concerned under the awards shall be subject to the final outcome in the Writ Petitions. It is not necessary for us to mention the facts in greater detail. Suffice it to say that the workmen have demanded change in the existing package of paying the dearness allowance amongst other demands. Learned Industrial Tribunal, Mumbai in its award dated 4th October, 2007 notices as under:- " The scheme formulated for the Dearness allowance after prolong deliberations by the parties reaches nearly to the fair wages and as such, no fault can be found in the existing dearness allowance scheme." ".. in the backdrop of the prosperity of the company, awarding Rs.400/- ad-hoc payment per month to the concerned employees in addition to the existing dearness allowance would not result in any unbearable burden to the company and would also be a solace to the concerned employees in this time of high rising prices of essential commodities and education costs." 2. Relying upon the above findings of the Industrial Tribunal, the contention raised is that it was required to pay out further sum before the final hearing. It is further contended that the impact of the order of the Industrial Court and as supported by the learned Single Judge could be very heavy on the Company and they will have no security for that amount, if paid. 3. We may notice that the Industrial Court - = : 3 : = - recorded the finding as noted aforesaid that no fault can be found in the existing Dearness allowance scheme. Despite this finding, there has to be some rational basis for grant of relief and particularly ad-hoc payment, if at all the workmen are entitled to such relief on merits. The concept of final adjudication would be defeated by grant of interim order, at the time of final disposal of the matter. 4. We do not wish to deal with these contentions on merits to avoid prejudice to the contentions of either parties. We are of the considered view that these contentions need to be dealt with and disposed of in accordance with law. 5. In the circumstances afore-noted, we dispose of these appeals without interfering with the order of the learned Single Judge by granting liberty to the appellant to request the learned Single Judge to dispose of the matters at an early date so that none of the parties are exposed to any inconvenience. 6. It may also be noted that the learned counsel appearing for the respondents has admitted that the workmen have been receiving Rs.200/- per month on account of the Dearness allowance. - = : 4 : = - 7. Liberty to the parties to mention before the learned Single Judge. 8. Both the appeals are disposed of accordingly with no order as to costs. 9. In view of the disposal of the appeals, the Civil Applications have become infructuous and hence disposed of as such. CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE J.P.DEVADHAR, J. J.P.DEVADHAR, J. J.P.DEVADHAR, J.