JUDGMENT :

D.G. TAMBE, J.

1. This is a petition under Arts. 226 and 227 of the Constitution of India in which the petitioner the Sawatram Ramprasad Mills Company, Ltd. Akola, seeks to get quashed order dated 7 May, 1958, made by the State Industrial Court, Nagpur, respondent 2 hereto.

2. Facts in brief are that respondent 1 Kundanmal Sardarmal Jain was employed as a clerk in the petitioner mills and at the material time he was drawing Rs. 130 inclusive of all allowances. It appears that certain disputes relating to the textile mills between the employers and the employees of the textile mills in Berar were referred to an arbitration of Mr. Justice Mangalmurti and the award was made by him some time in the year 1949. In pursuance of that award standing orders were framed for different mills. We are here concerned with Sub-clause (1) of Clause 14 of the standing orders. It reads:

"Sick leave on full average pay shall be granted to clerks up to a maximum of eight days in a completed period of one year's service. This leave is cumulative upto a maximum of eight months in the whole service of thirty years on the certificate, each time, either of doctor attached to the establishment or any r