Hardayal Hardy, J.

( 1 ) THIS is an appeal under clause 10 ofthe Letters Patent from the judgment of S. Rangarajan J. dated 30/05/1969 dismissing the appellant s petition under Article226 of the Constitution directed against an award made by thelabour Court.

( 2 ) THE material facts are not in dispute. The appellant is apublic limited company. It owns an industrial unit called theswatantra Bharat Mills at Delhi. Shambhu Math Mukherjiwho will hereafter be REFERRED TO to as respondent, was a work-manemployed in the said mills. He joined as a Store Coolie in 1951,became Fitter Helper after six months and was promoted afterabout a year as a Motion Setter. In October 1964, the appellant-company introduced a scheme for re-organisation of the Weavingsection of the mills whereby in pursuance of an alleged agreementbetween the work-men and the management, provision wasmade for the appointment of a new category of work-men calledassistant Line Fixers (Assistants Grade 1) and for the abolitionof the post of Motion Setters. Under that scheme, the respondentalong with some other work-men was placed under training forsix months on probation with effect from 1/10/1964. Hiswork was however not fou

Click Here to Read the rest of this document