Judgement

B. K. MUKHERJEA J. : We now* take up the two connected petitions under Article 32 of the Constitution. In one of these petitions, to wit Petition No. 188, Shri Bijay Cotton Mills Ltd. (hereinafter called the company ), the appellant in Civil Appeal No. 139 of 1954, figures as the petitioner, while the other petition, to wit , Petition No. 189 has been filed by a number of employees working under it. To appreciate the contentions of Mr. Seervai, who appears in support of both these petitions it will be necessary to narrate a few antecedent facts ;

2. It appears that some time in 1950 there was an industrial dispute between the company and its labourers regarding enhancement of wages and the dispute was referred by the Government of Ajmer to an Industrial Tribunal, by a notification dated the 1st December, 1950. The tribunal made its award on the 27th November, 1951 and held that "the present earning capacity of the mill precludes the award of higher rates of wages and higher dearness allowance". The employees took an appeal against this award to the Appellate Tribunal. While this appeal was pending, the Chief Commissioner, Ajmer, took steps for the fixation of minimum wa