Judgment

GAJENDRAGADKAR, J. An industrial dispute which arose between the appellant J. K. Cotton Spinning and Weaving Mills Co. Ltd., and the respondents its employees, was referred by the Government of Uttar Pradesh for adjudication to the Adjudicator, Kanpur, on November 30, 1953. This dispute covered two items of claim made by the respondents. The first item was in regard to the dismissal of a gardener (Mali) Badri by name. The respondents urged that the said dismissal was unlawful and Badri was entitled to reinstatement with all the wages during the period of his enforced unemployment. The second item of dispute was in regard to the claim made by the 10 Malis employed by the appellant to receive dear food allowance, weekly holidays and leave with wages.

2. Before the Adjudicator, the appellant contended that the Malis were not workmen within the meaning of the U. P. Industrial Disputes Act, 1947 (No. 28 of 1947), and so, the reference was invalid. It was also urged by the appellant that the claim made by the respondents for dear food allowance could not be sustained, because G. O. No. 3754(LL)/XVIII-894(L)-1948 issued by the U. P. Government on December 6, 1948 was inapplicable t