( 1 ) THIS appeal raises some questions relating to the construction of certain provisions of the Industrial Employment (Standing Orders) Act 1946 The facts giving rise to this appeal are few and for the most part undisputed and may be briefly stated as follows. The first appellants are a limited company carrying on business of manufacturing chemicals at Mithapur in Jamnagar District. The second appellant is the Works Manager of the factory of the first appellants at Mithapur while the third respondent is the Divisional Engineer in charge of the power house of the first appellants. The Respondent was employed as a clerk in the establishment of the first appellants since 23rd May 1950 and at the material time he was drawing a basic salary of Rs. 80/per month plus Dearness Allowance of Rs. 69/per month his total emoluments thus being Rs. 149/per month. The industrial establishment of the first appellants being an industrial establishment to which the Industrial Employment ( Standing Orders ) Act 1946 was applicable Standing Orders amongst others for clerks other than workmen employed by the first appellants were certified by the Commissioner of Labour Bombay and Cer