ORDER :

1. This is an appeal against an order of Sri N.M. Majmudar, Judge, First Labour Court, Ahmedabad, by Manubhai Gordhandas rejecting the application of the appellant. It appears that the respondent company had received information that certain workers employed by them were practising double employment by attending the New Swadeshi Mills in the third shift commencing from 12 midnight. The manager, therefore, ordered the labour officer, Sri H.K. Jani, to go to the New Swadeshi Mills and to detect them working in the third shift if possible. Thereupon Sri Jani attended the New Swadeshi Mills on 14 October, 1954, at 1-00 a.m. midnight and by the help of a timekeeper of the said mills found out three persons working in the mills in the third shift by giving wrong names. The appellant was one of them and he worked in the New Swadeshi Mills as Mukeshchandra Manubhai. A show-cause notice was given and an inquiry was held thereafter. The show-cause notice alleged that an information was received that after working for eight hours in the Arvind Mills, the appellant was working for another eight hours in the New Swadeshi Mills : that on making inquiries it was found that on 14 October, 1