K.N.Wanchoo, J. (1) THIS is an appeal by special leave against the judgment of the Bombay High court by which the writ petition filed by the appellant was summarily dismissed. The brief facts necessary for the purpose of this appeal are these: The appellant Is a cotton mill In Ahmedabad. Respondents 2 (a) to 2 (n) are the fourteen employees of the appellant designated as grey-folders. Under the Bombay Industrial Disputes Act, 1938 (since repealed by the Bombay Industrial Relations Act, No. XI of 1947, which came Into force on 15/04/1947), the Registrar had made a notification recognizing various occupations in cotton textile mills. Folders were put In group "F" of this notification while clerks were pat in group "H." In December 1946, the Textile Labour Association of Ahmedabad gave a notice of change to the Millowners Association for standardization of wages of the various occupations In the cotton textile Industry. Thereupon a reference was made by the State government in June 1947 to the industrial court, which, by the first part of its award, fixed wages for grey-folders doing catlooking work at Ra. 42-4-0 per mensem. Later the same court gave the second part of Its award relating to clerks in October 1948. In April 1949, the Textile Labour A.asociation gave a notice terminating the award under S. 116 of the Bombay Industrial Relations Act and the award came to an end in June 1949. Thereafter under S. 42 (2) of the Bombay Industrial Relations Act, there was a notice of change by the Textile Labour Association for revision of payscales. In pursuance of this notice there was an agreement between the Ahmedabad Millowers Associaton and the Textils Labour Association on 22 Jane 1949. This agreement waa to apply to all the cotton mills in Ahmedaba.r1. Clause (4) of this agreement provided payacales for clerks who were divided into three categories. Then came 01. (6) with which we are concerned in this appeal. It runs as under : "A separate scale for those of the employees who occupy the position lower than that of a full-fledged clerk but higher than that of an operative will be provided as under: 40-3-70-BB-4-90-5-105. This scale will be applicable in case of ticket boys, ticket checkers, coupon sellers, tally boys. It runs as under : "A separate scale for those of the employees who occupy the position lower than that of a full-fledged clerk but higher than that of an operative will be provided as under: 40-3-70-BB-4-90-5-105. This scale will be applicable in case of ticket boys, ticket checkers, coupon sellers, tally boys. production checkers, thread counters, cloth measurers, department store-man, cut-lookers, and those who have not been included above but who ca,n properly fall under the above category." (2) GREY-FOLDERS, however, not being specifically mentioned in Cl. (5) continued to be paid Ra. 42-4-0 per month a.a fixed by the first part of the award of the industrial court referred to above. Consequently in January 1950, the fourteen respondents who are grey-folders, applied under S. 79 of the Bombay Industrial Relations Act to the labour court that they were not being paid the grade fixed by Cl. (5) of the agreement and thia amounted to an unlawful change by the employer and that it should be ordered to withdraw such an illegal change. This application was dismissed by the labour court In April 1952. It waa of opinion that the evidence showed beyond all doubt that the applicants before It were operatives and could not be considered as clerks who were doing routine work of writing copying or making calculations. There was an obvious error in this view of the labour court for the grey-foldera bad not claimed before it that they were clerks, for in that case they would have claimed wages under Cl. (4) of the agreement ; their case was that they held a.n intermediate position between clerks and operatives and wf re thus covered by Cl. (5) which provided for such anintermediate grade. However, no further steps were taken by the grey-folders against this order of the labour court, by way of appeal or otherwise. In the mean time, the greyfolders applied under S. 118A of the Bombay Industrial Relations Act for modification of award of the industrial court relating to folders. This application was withdrawn on 22/04/1953, as the parties had decided that the dispute would be settled through private arbitration and wa,a in consequence dismissed. This was followed by private arbitrations and the arbitrators rejected the, demand for enhancement of wages of grey-folders on 27/11/1953. This application was withdrawn on 22/04/1953, as the parties had decided that the dispute would be settled through private arbitration and wa,a in consequence dismissed. This was followed by private arbitrations and the arbitrators rejected the, demand for enhancement of wages of grey-folders on 27/11/1953. Having; failad before the arbitrators, also, the "grey-folders made an applicatioa before the Authority under the Payment of Wageg Act (hereinafter called the authority) in April 1954. In that application they claimed that they were governed by 01. (5) of the agreement and were entitled, in view of their duties, to a properly adjusted wage In the scale mentioned in that clause, but in spite of this they were only being paid wages at the rate of Rs. 42-4-0 per mensern which were less than they were entitled to. They therefore prayed that they might be allowed Rs. 1,853.00 as wages withheld for the period from September 195 3/02/1954.1954. The application was opposed by the appellant and it raised all kinds of objections, technical and otherwise. The main objections, however, were two, namely: (1) that the authority had no jurisdiction to entertain such an application ; and (2) that in view of the earlier decisions of the industrial court in 1948 and the labour court in 1952, the foldars were estopped from making a claim for wages under 01. (5) of the agreement. (3) THE authority held that It had jurisdiction to decide the application and that there was no question of any estoppel. It then went into the merits and came to the conclusion looking to the duties performed by the folders, that they were clearly covered by Cl. (5) of the agreement. It further held that the claim for withheld wages for September 1953 was barred by limitation and therefore, ordered payment of Rs. 1,552-8-0 as delayed wages from October 195 3/02/1954. Aggrieved by this decision, the appellant filed a writ petition In the High court in April 1955. The High court dismissed the petition summarily and also dismissed the application for a certificate to appeal to this Court. Thereupon the appellant applied to this court for special leave to appeal which was granted; and that is how the matter has come up before us. Learned counsel for the appellant hag urged the same two points before us. The High court dismissed the petition summarily and also dismissed the application for a certificate to appeal to this Court. Thereupon the appellant applied to this court for special leave to appeal which was granted; and that is how the matter has come up before us. Learned counsel for the appellant hag urged the same two points before us. In the first place, he urges tha.fc in view of S. 42 (2) of the Bombay Induatrial Relations Act read with Item (5) of Sch.3, the question raised in the application was about the construction and interpretation of the agreement and it could only be raised in the manner provided therein and not before the authority. In the second place, he urges that in view of the decision of the industrial court In 1948 and the labour court in 1952, the folders are estopped from raising this queation in any case. Reliance in this connexion is also placed on a decision, of this Court in A. V. DCosta v. B. C. Patil and others [1955-1 L.L.J. 363] as to the extent of the powers of the authority. (4) WE have heard the learned counsel for the parties at length, and there appears to be some force in the contention of the appellant so far as the Jurisdiction of the authority is concerned ; but we do not propose to decide this question of jurisdiction in the instant case because we have. In addition to the determination of the authority, the fact that the appellant went to the High court by a writ petition against the decision of the authority and Its petition was dismissed by the High court. The present appeal Is not directly from the judgment of the authority but Is from the order of the High court dismissing the writ petition. Whatever Infirmi- ties might have attached to the order of the authority, there would, in our opinion, be no reason to interfere with the order of the High Court dismissing the writ petition, if we come to the conclusion that the order passed by the authority In this case has not resulted In any failure of justice. As we have pointed out above, the contention of the grey-folders in this case has all along been that they were entitled to a wage-scale in accordance with Cl. (5) of the agreement. They never claimed that they were clerks. As we have pointed out above, the contention of the grey-folders in this case has all along been that they were entitled to a wage-scale in accordance with Cl. (5) of the agreement. They never claimed that they were clerks. As such their claim was for the Intermediate grade between clerks and operatives, which was specifically provided for in Cl. (5) of the agreement. The agreement came after the decision of the Industrial court in 1948 and must be deemed to have varied that decision by mutual con- sent to the extent to which It did so. Thus there is no question of estoppel. When therefore the grey-folders applied to the labour court to be placed in the grade fixed by Cl. (5) of the agreement, they were entitled to expect that the labour court would consider the question whether they could be placed, in view of the nature of their duties, In the intermediate grade; but the labour courts judgment of April 1952 seems to have gone on a misapprehension of the demand of the grey-folders. It seems to have thought that the grey-folders were claiming to be treated as clerks which they were not. Their claim was for the intermediate grade between clerks and operatives and this aspect of the matter was not fully appreciated by the labour court, though It felt that there appeared to be some conflict between the award of the Industrial court and the agreement. The matter was considered at length on merits by the authority and it came to the conclusion, after examining the nature of the work done by the grey-folders, that though they might not be full-fledged clerks they were entitled to the intermediate grade. We are of the opinion that this view of the authority is correct. (5) THE question then arises whether we should interfere In our jurisdiction under Art. 136 of the Constitution, when we are satisfied that there was no failure of justice. In similar circumstances this court refused to interfere and did not go into the question of jurisdiction on the ground that this court could refuse interference unless it was satisfied that the justice of the case required It [see A. M. Allison v. B. L. Sen [1967-I L.L.J. 472 at 477]. In similar circumstances this court refused to interfere and did not go into the question of jurisdiction on the ground that this court could refuse interference unless it was satisfied that the justice of the case required It [see A. M. Allison v. B. L. Sen [1967-I L.L.J. 472 at 477]. On a parity of reasoning we are of opinion that as we are not satisfied that the justice of the case requires interference in the circumstances, we should refuse to Interfere with the order of the High court dismissing the writ petition of the appellant. We accordingly dismiss the appeal, but, having regard to the peculiar circumstances of the case which we have referred to above, we order that each party will bear their own costs of this appeal.