JUDGMENT - Chagla, C.J.

1. The petitioner is an employee of the weaving department of the night shift of the third respondent Mills. It appears that on March 21, 1950, a settlement was arrived at with the Mills with regard to the change-over of workers in the weaving department in the day shift and the night shift. On January 30, 1952, a notice was given by respondent No. 4 terminating this settlement. Respondent No. 4 Is the representative labour Union of respondent No. 3 Mills. On July 29, 1952, the Mills gave a notice of the termination of the settlement of the change-over and on July 30, 1952, a settlement was arrived at between respondent No. 3 and respondent No. 4 discontinuing the changeover of the workers of the day shift to the night shift, and this arrangement was registered under the provisions of the Bombay Industrial Relations Act, 1946.

It appears that the petitioner and all the other employees of the night shift were not members of respondent No. 4 labour Union and they made a grievance to the Government that the settlement arrived at between respondent No. 4 and respondent No. 3 was not a fair settlement as far as the night shift workers were concerned. Thereupon the

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