R.K.Choudhary, J.

1. These two applications under Articles 226 and 227 of the Constitution of India have been made by one Jugal Kishore Bhadani, proprietor of Messrs Ramlal Jugal Kishore of Purani-Godown in the town of Gaya, and arise out of two orders of the Labour Commissioner of Bihar, respondent No. 1, one dated 21-1-1956, passed in favour of Basudev Prasad, respondent No. 4 in M. J. C. No. 473 of 1956, and the other dated 27-1-1956, passed in favour of Chhotan Prasad Singh, respondent No. 4 in M. J. C. No. 474 of 1956, under Sec.26 (2) of the .Bihar Shops and Establishments Act, 1953 (Bihar Act VIII of 1954), hereinafter to be referred to as the Act, read with Rule 21 of the Bihar Shops and Establishments Rules, 1955, framed under Sec. 40 of the Act, hereinafter to be referred to as the rules.

2. The short facts are these: The above named Basudeo Prasad and Chhotan Prasad Singh were employees in the firm of the petitioner and had served therein for several years. On 15-3-1955, Chhotan Prasad Singh was discharged from his employment and on 19-3-1955, Basudeo Prasad was discharged from the service. They thereafter preferred appeals before the Labour Commissioner, Bihar,