JUDGMENT

UNTWALIA, J.:— This appeal by certificate from the judgment and order of the Kerala High Court* has been preferred by the workmen of the Cochin Port Trust. The employers are the Board of Trustees of the Cochin Port Trust, respondent No. 1 (hereinafter to be referred to as the respondent). An industrial dispute between the appellants and the respondent was referred by the Central Government to Central Government Industrial Tribunal No. 2, respondent No. 2. The Tribunal gave an award in favour of the workmen but it has been set aside by the High Court on the application of the respondent filed under Art. 226 of the Constitution of India.

* Reported in (1973) 1 Lab LJ 199 (Ker).

2. According to the Union, which represented the appellant-workmen, the Traffic Department of the Port Trust is comprised of and assisted by several categories of junior executives for the day to day performance of the shift work of the Cochin Port. Out of the seventeen categories of such junior executives, the first fifteen enumerated in the award from the statement of claim of the Union get Sunday off as a weekly holiday. When the workmen out of the said categories are asked and made to work on a Sund