Judgment

HIDAYATULLAH, J.: This is an appeal with the special leave of this Court against a decision dated January 17, 1955, of the Labour Appellate Tribunal (hereinafter called the Appellate Tribunal) by which it reversed a decision of the Industrial Court, Bombay dated January 20, 1954, in a matter referred to the Industrial Court under S. 73 of the Bombay Industrial Relations Act, 1946, by the Government of Bombay. The appellant is the Rashtriya Mill Mazdoor Sangh, representing the employees of the Cotton Textile Mills in the city of Greater Bombay. The respondents are the Apollo Mills, Ltd., and other Companies owning Cotton Textile Mills specified in the annexure to the Special Leave Petition and the Mill Owners Association,. Bombay, representing the Cotton Textile Mill Industry. The dispute relates to the compensation which the workers claimed for loss of wages and dearness allowances due to the short working or closure of the Textile Mills on certain days during the period between November 1, 1951 and July 13, 1952.

2. The facts of the case are as follows: In the year 1951 monsoon failed, and caused scarcity of water in catchment area of the Tata Hydro-Electric System, from w