P.B.GAJENDRAGADKAR, K.C.DAS GUPTA, K.N.WANCHOO
J. K. Cotton Spinning And Weaving Mills Company LTD. – Appellant
Versus
State Of U. P. – Respondent
Judgment
DAS GUPTA, J. : These two appeals raise the question of the maintainability of an application made by the Employers Association of Northern India, Kanpur, on behalf of the J. K. Cotton Spinning and Weaving Mills Co. Ltd., a member of the Association in connection with the proposed termination of service of certain members of its Watch and Ward Staff. But before we come to the consideration of this question it is necessary to indicate in brief the long and tortuous path this matter has travelled before coming to us. The application of the Employer s Association purported to be under clause 5(a) of the Government order dated March 10, 1948, as amended by a later order of May 15, 1948. This order was issued by the Governor of the United Provinces in exercise of the powers conferred on him by cls. (b), (c), (d) and (g) of section 3 and by S. 8 of the U. P. Industrial Disputes Act, 1947. The application after stating that a number of thefts of Dhoties had taken place in the Mill further stated that it was obvious to the management of the J. K. Cotton Spinning and Weaving Mills Co. Ltd., that this state of affairs could not exist and continue if Watch and Ward Staff were carryin
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