N. M. MIABHOY, M. U. SHAH, J.

( 1 ) THIS is a writ petition under Articles 226 and 227 of the Constitution of India. Petitioner is Ambalal Shivlal. Respondent No. 1 was at the relevant time the Officer presiding over the 1st Labour Court Ahmedabad. Petitioner was running at Ahmedabad an establishment for manufacturing bidis. Respondents Nos. 2 and 9 (hereafter called respondents simpliciter) were petitioners employees. The wages payable to respondents were governed by an award of the Industrial Tribunal. On 20th of January 1956 petitioner gave a notice that respondents shall be paid at the rate of Rs. 2-8-0 per 1000 rolls. The rate so offered by petitioner was lower than the rate fixed by the Industrial award. By their reply dated 4th February 1956 respondents refused to accept the variation in the rate. Thereafter there was some further correspondence between the parties and ultimately on 13th of February 1956 petitioner gave a notice to respondents in which he said that respondents had declined his offer and that therefore they were deemed to have left his service of their own accord and though originally his offer stood till 28 of February 1956 he had acquired a right to withdraw

Click Here to Read the rest of this document