I.D. DUA, J.

(1) IN these two appeals on certificate of fitness, challenge is directed against the view taken by a division bench or the Allahabad High court on appeal in central Distillery andChemical Works Ltd., Meerut v. State of U. P., in disagreement with that of a learned Single Judge of that court on the interpretation of Section 16 of the V. P. Industrial Disputes Act of 1957 and Section 6-A of U. P. Industrial Disputes Act of 1947.

(2) THE relevant facts may first be briefly stated. In June 1956 there was a strike in the glass factory of the appellant, M/s. Munshi Lal Beni Ram Glass Works at Ferozabad. As a result the factory was closed down for some time. In August 1956 a settlement was reached with the workers and it became possible to reassume operations from 31/08/1956. The workers were asked to report personally, latest by 26/08/1956, to show their willingness to work. According to the appellant, Lal Khan, one of the workers, failed to register his willingness to work before, the appointed day, and indeed he did not care to report inspite of a messenger having been sent to him requiring his attendance. In his place one Jang Jit was thereupon employed and