Judgement

SATYANARAYANA RAJU J.; This is an appeal, by special leave, against the judgment of a Division Bench of the Bombay High Court dismissing an application for the issue of a Writ of certiorari under Art 226 of the Constitution to quash the order of the State Industrial Court at Nagpur.

2. For a proper appreciation of the questions that have been raised in the appeal it would be necessary to state the material facts. That Model Mills, Nagpur (hereinafter referred to as the Mills) is a public limited company incorporated under the Indian Companies Act . On July 18, 1959 in exercise of the power conferred by S. 18-A of the Industries (Development and Regulation) Act 1951 the Central Government took over the management of the Mills and appointed the 3rd respondent as the authorised Controller of the Mills. On March 25, 1960 the State of Bombay (now the State of Maharashtra) in exercise of the powers conferred by Ss. 3 and 4 of the Bombay Relief Undertakings (Special Provisions) Act 1958 (hereinafter referred to as the Bombay Act) made a notification declaring the Mills to be a "relief undertaking" for a period of one year commencing from March 26, 1960 and ending with March 25, 1961 . The appellants eight in number, were at the relevant time, the permanent employees of the Mills. It would be convenient to refer to them as "employees". On December 15,1960 when the notification made by the State Government under the Bombay Act was in force, the employees abstained from work. There upon, the 1st respondent who is the Factory Manager of the Mills issued notices to the employees to show cause why they should not be dismissed from service for joining an "illegal strike" On January 6, 1961 the Factory Manager passed orders dismissing the employees from service. On January 12, 1961 the employees filed an application the High Court of Bombay for the issue of a writ of mandamus directing the employees to be reinstated in service. On April 4, 1961 the exemption of the Mills from the application of S. 16 of the Central Provinces and Berar Industrial Disputes Settlement Act (XXIII of 1947 ) (hereinafter called the State Act) was made (sic). On April 25, 1961 the employees filed applications before the Assistant Commissioner of Labour claiming reinstatement with back wages. The High Court dismissed the Writ Petition filed by the employees with liberty to file a fresh petition, if necessary, since they were prosecuting their applications for relief of reinstatement before the Assistant Commissioner of Labour. In and by his order dated September 29, 1961, the Assistant Commissioner allowed the applications filed by the employees. He held that as there was no illegal strike the orders of dismissal were unsustainable and should be set aside. He directed that the employees should be reinstated with back wages

3. Against the orders passed by the Assistant Commissioner, the Mills preferred applications in revision to the State Industrial Court by its order dated February 16, 1962, the Industrial Court allowed the revision applications filed by the Mills on the ground that the applications before the Assistant Commissioner were not maintainable . On the merits the Industrial Court agreed with the Assistant Commissioner that there was no illegal strike.

4. Aggrieved by the orders of the Industrial Court, the employees filed an application under Arts. 226 and 227 of the Constitution for the issue of a writ of certiorari to quash the orders of dismissal passed by the Factory Manager and to direct their reinstatement with back wages. By its judgment dated August 12, 1963 the High Court dismissed the Writ Petition filed by the employees.

5. The High Court has held that the right to claim reinstatement is not a right which is available to an employee under the Common Law and that the relief of reinstatement is a special right which has been conferred on an employee under S. 16 of the State Act. In the opinion of the High Court. The essential pre-condition