Judgment

DUA, J.:- These six appeals on certificate granted by the Patna High Court in two separate judgments disposing of six civil writ petitions raise common questions of fact an law and will, therefore, be disposed of by a common judgment.

2. The appellant owns six collieries, but we are concerned in the present controversy only with two collieries, namely, Sijua and Bhelatand. Du to shortage of power, the appellant decided to stagger the weekly rest days in all the collieries. By a notice dated September 10, 1963 a new schedule of rest days was introduced in accordance with which Sijua colliery was to have every Wednesday as a rest day and Bhelatand colliery every Friday as a rest day. With respect to Bhelatand colliery Friday was later changed to Thursday. It is common ground that previously Sunday was the weekly rest day in all the six collieries. The change in the weekly days of rest was to take effect from September 15, 1963 which was a Sunday. The workers of the collieries did not turn up for work on Sunday September 15, as a result whereof, negotiations were held between the appellant and some of the workmen represented by the Colliery Mazdoor Sangh and it was agreed that