ORDER :

Seshachalapathi, J.—This is a petition under Article 226 of the Constitution of India to quash the award of the labour court, Andhra Pradesh, Guntur, in Industrial Dispute No. 21 of 1958. The petitioner is the management of the Deccan Tile Works, Samalkot, East Godavari, and the respondent 1 is the Secretary of the Samalkot Tile Factories Workers' Union representing the workmen of the petitioner's tile factory. Between the owners of the tiles factories and the workmen in Samalkot, there was a general agreement of wages as embodied in Ex. A. 1, dated 5 June 1957. That settlement, was made under the terms of Section 12, Sub-section (3), of the Industrial Disputes Act.

2. On 3 June 1957 the petitioner addressed a letter to the Chief Inspector, Factories and Boilers, notifying his intention to close down the factory for one month from 17 June 1957, for effecting certain repairs and making some structural alterations. The factory Was closed but did not reopen within a month as contemplated. On 13 July 1957, the petitioner again wrote to the Chief Inspector, Factories, intimating to him that as the construction work was not completed, the factory would remain closed till 17 Septemb