Judgment

SHELAT, J.:- This appeal by certificate is directed against the judgment and order of the Division Bench of the High Court of Calcutta setting aside the order of a Single Judge of that High Court in a writ petition under Article 226 of the Constitution.

2. The facts relevant for this judgement may first be set out. The appellant company was at the relevant time carrying on business at various places in India including Calcutta as merchants, selling agents and manufacturers. Its registered office is at Madras. Its business at Calcutta was two-fold: (1) as selling agents of certain companies, and (2) of conducting an engineering workshop at Kidderprore. According to the company its agency business began to decline from 1954 and it had, therefore, to retrench some of its employees in the year. The company consequently decided upon a police of reorganising its business by giving accent to its manufacturing activities and of giving up the agencies held by it. In pursuance of the said policy, the company relinquished between April 1, 1960 and September 30, 1961, 13 agencies in Bombay, 11 in Delhi, 8 in Madras and 11 in Calcutta. It also closed down 3 of its branches in Northern In