JUDGMENT - Mrs. SUJATA MANOHAR, J.:---The 1st respondent is an employee of the retail shop of the Finlay Mills Limited. The shop was run by the Finlay Mills Limited upto 18th October, 1983, and thereafter it is run by the National Textile Corporation who are the appellants before us. The Presiding Officer, 7th Labour Court, Bombay, by his order dated 22nd December, 1988, held that the 1st respondent who was an employee of the Finlay Mills retail cloth shop was not governed by the Bombay Industrial Relations Act, 1946, and the relevant notification thereunder because, conducting of a retail cloth shop was not an integral part of the running of a Spinning and Weaving Mill. This decision was challenged by the 1st respondent in Writ Petition 899 of 1989. A learned Single Judge of this Court has, by his judgment which is impugned before us, come to the conclusion that the 1st respondent is governed by the provisions of the Bombay Industrial Relations Act, 1946 and the relevant notification. In the present appeal the judgment of the learned Single Judge is being challenged before us by the appellants, namely, the National Textile Corporation Limited.

2. Prior to 1946 the Bombay Industrial Disputes Act, 1938 was in operation. Under the 1938 Act notification were issued from time to time under section 2 sub-section (3) of the Act, extending the provisions of that Act to the Cotton Textile Industry as specified in those notifications. Under the notification of 30-5-1939 the Act applied to the Cotton Textile Industry as specified below :

a) All concerns using power and employing twenty or more workers which are engaged in cotton spinning;

b) All concerns using power and employing twenty or more workers which are engaged in cotton weaving with or without an admiture of silk, rayon, artificial silk or one or more of these.

In 1945 this notification was superseded by another notification under which Clauses (a) and (b) remained the same as in the earlier notification. However, the following, Clause (c) was added :

c) All Mechanics' shop whether situated within or outside the precincts of and forming integral part of the concerns falling under Clause (a) or (b).

3. After coming into force of the Bombay Industrial Relations Act, 1946, the notifications under the old Act were continued and they remained in force. On 7-7-1950 a fresh notification was issued superseding the notification of 1945. Under this notification also clauses (a) and (b) remained the same as in the notification of 30-5-1939. But a new clause (c) was added cover, all mechanics' shops attached to, and all dyeing, bleaching and printing departments, whether situated within or outside the precincts of and forming integral part of the concerns falling under clauses in parts (a) or (b).

4. On 2-2-1960 a new notification was issued superseding the notification of 7-7-1950. Under this notification clauses (a), (b) and (c) remained the same as in the notification of 7-7-1950 but a further clause (d) was added to the following effect :

(d) All offices whether situated within or outside the precincts of the concern falling under clause (a) or (b).

This newly added clause (d) was deleted under the notification of 4-10-1962.

5. Thereafter in supersession of the notification 4-10-1962, a new notification has been issued on 26-5-1966. Since this is the notification which requires to be interpreted by us the material parts of that notification are reproduced below :

"No. 2847/34-A. In exercise of the powers conferred by sub-section (3) of section 2 of the Bombay Industrial Disputes Act, 1938 (Bom. XXV of 1938), and in super-session of Govt. notification in the Political and Services Department No. 2847/34-I dated the 14th March, 1939, the Government of Bombay is pleased to direct that the provisions of the Act which have been extended to the province of Bombay under Government notification in the Political and Services Department No. 2847/34-I, dated the 14th March, 1939, shall apply to the Cotton

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