V.Ramaswami, J.

1. In all these applications which have been heard together a common question of law arises for de- termination, namely, whether the provisions of Sec.26 of Bihar Act 8 of 1954 as amended by Bihar Act 26 of 1959 are constitutionally valid. Sec.26 of the Bihar Shops and Establishments Act (Bihar Act 8 of 1954) as previously enacted read as follows.-

"26. Notice of discharge -- (1) No employer shall discharge from his employment any employee who has been in such employment continuously for a period of not less than six months except for a reasonable cause and without giving such employee at least one months notice or one months wages in lieu of such notice. Provided that such notice shall not be necessary where the services of such employee are dispensed with on a charge of such misconduct as may be prescribed by the State Government supported by satisfactory evidence recorded at an inquiry held for the purpose.

(2) Every such employee shall have a right of appeal to such authority and within such time as may be prescribed either on the ground that -- (i) there was no reasonable cause for dispensing with his services, or

(ii) no notice was served on him as req