BHAGABATI PRASAD BANERJEE, J. ( 1 ) THIS is an appeal against the order of the learned trial Judge dated October 11,1991 passed in Civil Rule No, 10044 (W) of 1985 dismissing the writ petition. The learned trial Judge by that order discharged the rule holding inter alia, that the award of the Tribunal has not suffered from any infirmity or illegality. ( 2 ) BEFORE the 9th Industrial Tribunal, Durgapur, the following issues were raised by the Government for consideration :1. Whether the persons working in the Ration Shops mentioned in the attached list are workmen under Indian Iron and Steel Co. Ltd. 2. If so (a) Whether they are entitled to all the benefits to which other workmen are entitled (b) their Grades and Scales of Pay and (c) their designations. ( 3 ) THE 9th Industrial Tribunal, Durgapur, by its award dated February 21,1985 considered the matter and decided the issue No. 1 in favour of the workmen holding, inter alia, that the Tribunal had no hesitation to declare that an employer-employee relationship existed between the IISCO and the employees of the ration shops. The names of these employees indicated in Annexure 'a' to the Written Statement of the Union treated all of them as employees under the IISCO. But with regard to issue No. 2 (a) the Tribunal also found on the basis of evidence on record that the employees were entitled to all the benefits to which the other employees of IISCO were entitled. ( 4 ) WITH regard to issue No. 2 (b) and (c) are concerned, the Tribunal faced with apparent difficulties because of lack of proper claim made in this behalf by the employees nor the Management had supplied the particulars of the pay scales which according to the Management the employees were entitled to because of their designations and accordingly the Tribunal was pleased to hold that if any scale is fixed under such circumstances that will lead to further dispute. The Tribunal also found that there was a settlement between the management and the ration shop employees and the said agreement was with regard to the terms and conditions of the employment. The Tribunal also found that there was a settlement between the management and the ration shop employees and the said agreement was with regard to the terms and conditions of the employment. The memorandum of settlement dated February 8, 1982 would determine the conditions of service of the ration shop employees including their pay and grades, Ultimately, the Tribunal in order to avoid confusion directed the Management to fix up the pay scales having regard to the pay scales of persons of similar designations in other departments with similar position as that of the employees of the ration shops may be designated under the designation given in Annexure 'a' to the Written Statement. These difficulties arose because of the fact that the Management from the very beginning took the stand and they were pressing that point before the Tribunal that the employees of the ration shops were not the employees of the management as there was no master and servant relationship and the Tribunal on the basis of the evidence and materials on record came to a finding that there exists a master and servant relation between the parties. We do not find any reason to interfere with such finding which is based on evidence. The learned trial Judge also came to the same conclusion. But with regard to the pay scales of the employees of the ration shops we are of the view that the Tribunal should have given an opportunity to the parties to disclose pay scales which are applicable to persons holding similar designation and that if the matter is left at the discretion of IISCO that will lead to further litigation and confusion worst confounded. One of the issues was whether they are entitled to their Grades and Pay Scales and their designations in that event the Tribunal had to answer those issues. True the Tribunal could not do so because of the non-cooperation of the parties, it is to the interest of the parties, the parties should have produced all materials, namely the pay scale, the entire pay structure of the employees of IISCO for the purpose of fitment of the employees of ration shops. True the Tribunal could not do so because of the non-cooperation of the parties, it is to the interest of the parties, the parties should have produced all materials, namely the pay scale, the entire pay structure of the employees of IISCO for the purpose of fitment of the employees of ration shops. Since no other points have been pressed except the issues No. 2 (b) and (c) and since we are of the view that the Tribunal in the facts and circumstances of this case should not have left the matter and/or remanded the matter to the Management for the purpose of fitment of the pay scales which is a function that should have been discharged by the Tribunal in terms of the reference. We set aside the finding of the Tribunal in so far as the fitment of the pay scales under issues No. 2 (b) and (c) of the reference and we direct the Tribunal to decide this question and for that purpose we are remanding this case back to the Tribunal for consideration on the limited issues for this purpose within a period of two months from today. ( 5 ) THE management is directed to submit the entire pay structures of the pay scales of the employees of IISCO with reference to the designation of its employees and similarly the Union should also lodge a claim for particular pay scale for the particular designation which they claim to be entitled to since the master and servant relationship has been finally established from the date of their respective appointments and that the Tribunal on the basis of the evidence and materials that will be placed by the parties and after hearing the parties shall determine the particular clause of the issues and if the designations have already been fixed and not in dispute in that event the Tribunal's function would be to fix the pay scales in respect of the employees of the ration shops taking into consideration the pay scales given to the counterparts if any of the department of IISCO and if it is found ultimately that there was no corresponding posts in that event the Tribunal having regard to the facts and circumstances of this case will fix the pay scale within the pay structure fixed by IISCO in respect of the employees upon consideration of the nature of the working and of the responsibility entrusted on such employees as the Tribunal may think fit and proper in the facts and circumstances of the case. ( 6 ) THE matter is remanded back to the Tribunal and the Tribunal should conclude the proceedings as early as possible but not later than three months from the submissions of evidence and materials before the Tribunal in terms of this order. ( 7 ) ACCORDINGLY, the appeal is allowed only to the extent indicated above. We make it clear that the finding of the Tribunal as well as the decision of the learned trail Judge in respect of their points are hereby affirmed. The appeal is allowed in part. There will be no order as to costs.