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1. Since the questions arising for decision in all these matters pertain to the main substantial award which is one and the same for all these matters, we will dispose of all these six matters by this common judgment. In Reference (1C) No. 16 of 1976, in arbitration proceedings between three of the co-operative sugar factories in Bulsar ii Surat District and there workmen, the President of the Industrial Court, Gujarat, gave his award on April 27,1977. That award has been challenged by three co-operative societies, namely, Shri Khcdut Sahkari Khand Udyog Mandali Lid., Bardoli, Sahkari Khand Udyog Mandali Ltd., Gandevi, and Shri Madhi Vibhag Khand Udyog Sahkari Mandali Ltd., Madhi, in Special Civil Application No. 1036 of 1977. The workmen employed in the sugar factory in all the three sugar factories, namely, Madhi,"Gandevi and Bardoli, have, through Vapi General Kamdar Mandal, Bilimora, challenged the said award in Special Civil Application No. 1136 of 1977. Some of the workmen and their union on their behalf have filed Special Civil Application No. 1148 of 1977 and some of the workmen of the Bardoli factory and their representatives have filed Special Civil Application NO. 1148 of 1977 challenging the said award. Special Civil Application No. 311 of 1978 has been filed by another trade union representing some of the workers of all the three sugar factories, namely, Madhi, Gandevi and Bardoli Sugar Factories.

2. Over and above these three sugar factories at Bardoli, Madhi and Gandevi, there is a co-operative sugar factory at Una in Junagadh District of the State of Gujarat and the Saurashtra Majoor Mahajan Sangh representing the workmen of the Una factory, had put forward demands more or less similar to the demands put forward by the workers of the factories at Birdoli, Madhi and Gandevi. In his award given regarding at Una factory by the President on July 20, 1977, the President took into consideration some special features pertaining to the Una factory but, by and large, he has followed his decision in Reference (1C) No. 16 of 1976 in respect of Bardoli, Madhi and Gandevi factories and in terms he has stated in his award regarding Una factory and the workmen employed there:

Now, as aforesaid, the demands raised in this reference are on the lines of the order passed by the Govt. of Uttar Pradesh, published in Govt. Gazette Uttar Pradesh, dated 31st October 1914, which I have set out earlier. I had an occasion to deal with this question in Reference (1C) No. 16 of 1976, in the arbitration between Shri Khedut Sahakari Khand Udyog Mandali Ltd., Bardoli; Sahakari Khand Udyog Mandali Ltd , Gandevi; District Bulsar; Shri Madhi Vibhag Khand Udyog Sahakari Mandali Ltd., Madhi, Taluka Bardoli: and the workmen employed under them, and have examined the question in all its details and for the reasons stated made an award on 28th April 1977 (Vide Gujarat Govt. Gazette. Part 1-L Dt. 12-5-1977, pages 2200-36, Awar-Part II, dated Uth April 1977). I do not, therefore consider it necessary to go into the question any further. 1 adopt the reasoning and the observations made by me in the said award given in Reference (1C) No 16 of 1976.
Udyog Mandal, Bardoli 38,26,611 1,00,02,370 35,49,818 87,34,910 82,83,797 Madhi Vibhag Khand Udyog Mandali, Madhi. 40,31,494 29,27,433 21,09,411 44,20,497 54,91,238 It is thus clear that so far as Gandevi factory is concerned, in each year under consideration, there is a gross profit whereas in Bardoli and in Madhi, there is, barring the year 1975-76 large profit available in the gross profit before depreciation, development rebate and taxation. Thus, the position of the three factories in South Gujarat, namely, Gandevi, Bardoli and Madhi, is not at all gloomy so far as their financial prospects are concerned, looking to the gross profits before deduction for taxation, depreciation and development reserves rebate. The same is the position also with regard to Una and in each year, there has been considerable expansion and in Una also, (though considerable amounts of carry-forward losses are shown in the balance-sheet, once the development rebate, depreciation and reserves for that purpose are added back to the net profits and gross profits before taxation reserves and development rebate are ascertained, the position is the same and the picture is not gloomy at all. For example, in the year 1972-73 for the Una factory, there was a depreciation of Rs. 14,88,793,/- and yet there was net profit of Rs. 13,07,265/-. In the year 1973-74, the provision for depreciation was Rs. 11,48,319/- and a net loss of Rs. 43,17,710/- was shown in the accounts. For the year 1974-75, the position was that the depreciation of Rs. 12,45,398/- was provided and development rebate reserve of Rs. 16,625/- was provided and it was shown that the loss in the profit and loss account was Rs. 18,76,469/-. As regards the year 1975-76, the working showed, under the profit and loss account, a loss of Rs. 33,52,424/- whereas there was a provision of depreciation to the extent of Rs. 11,63,831/- and an amount of Rs. 25,611/- was provided for by way of development rebate reserve. For the year 1976-77, the position of the Una factory was that it showed a net loss of ' Rs. .54,44,904/- in the profit and loss account but, on the other hand, as regards depreciation, Rs. 10,64,451/- were provided by way of depreciation for the year.