Judgement

BHARGAVA, J. : The appellants in this appeal are the Ahmedabad Mill-owners Association, of which all the cotton mills in Ahmedabad local area are members, including the second appellant, the Nagri Mills Ltd.The third respondent, the Textile Labour Association, Bhadra, Ahmedabad, (hereinafter referred to as "the Union") represents the workman employed in various mills which are members of the first appellant Association. Under Standing Orders settled under the Bombay Industrial Relations Act, 1946 (Bombay Act XI of 1947) (hereinafter referred to as "the Act"), conditions of service, including those relating to leave, were prescribed in view of Clause 6 of Scheduled I of the Act. These Standing Orders were settled at a time when this clause 6 of the First Schedule to the Act read as follows:

"Conditions, Procedures and Authority to grant leave".

Subsequently, Schedule I was amended so as to read as:

"Procedure and Authority to grant leave" , and simultaneously, clause 11 was added in Schedule II which read as:

"All matters pertaining to leave and holidays other than those specified in items 6 and 7 in Schedule I."

Consequent to this amendment in the Schedules, matters pertain