Judgment

A. K. SARKAR J.: The appellant is a company running a textile mill. It has appealed against an order directing it to reinstate fourteen of its employees whose services it had terminated. The appeal is contested by the respondent Union representing the employees, whose contention is that the services of the employees had been terminated in disregard of the provisions of the Bombay Industrial Relations Act, Bombay Act XI of 1947, a reference to the relevant provisions of which will be made later.

2. The appellant mill worked in two shifts. On July 9, 1957, the appellant gave notice that the working of the second shift would be discontinued on the expiration of a month from that date. On August 9, 1957, the working of the second shift was closed in terms of the notice. It is not disputed that the second shift was properly and bona fide closed.

3. The fourteen employees with whom this case is concerned were not workers in the second shift but their services were necessary in order to make all arrangements ready for the second shift to start working. With the closure of the second shift, there was no longer any need to make things ready for its running. On November 1,1957, the ap