Judgment

FAZL ALI, J. - This is an appeal by the management of M/s Mahabir Jute Mills situated at Gorakhpore by a certificate granted by the High Court of Allahabad under Article 133 of the Constitution of India. M/s. Mahabir Jute Mills Mazdoor Sabha was formed some time in the year 1946 and soon thereafter when Shibban Lal Saxena one of the respondents was elected as President of the labour Union of the Mill disputes arose between the workers and the Company as a result of which Shibban Lal Saxena sent notice to the management on December 31, 1946 threatening a general strike. Thereafter several disputes arose between the parties which were sometimes settled, sometimes reopened and in this appeal we are not concerned with those matters. In the previous disputes the order of the management retrenching some workers was upheld by the Regional Conciliation Officer and against that Shibban Lal Saxena served a notice of strike listing 18 demands and calling upon the management to reinstate the retrenched workers and pay them bonus. This notice was given on March 31, 1954. On April,16, 1954 a total strike was launched and Shibban Lal Saxena left for China. During his absence it appears th