M. U. SHAH, J. M. SHELAT, J.

( 1 ) THE two petitioners have been working in the Drawing in Department of the second respondent company as reaches in the second shift and have filed this petition challenging the order passed by the Third Labour Court in Application No. 234 of 1959 dated December 1 1959 and confirmed by the Industrial Court by its order in Appeal (IC.) No. 11 of 1960 dated July 28 1960

( 2 ) PRIOR to 1947. there was no system of changeover in the different shifts in the textile mills in Ahmedabad. In 1946 however a Submission bearing No. 6 of 1946 between the Ahmedabad Mill owners Association Ahmedabad and The Textile Labour Association. Ahmedabad was made before the Industrial Court at Bombay wherein the Industrial Court by an interim award passed inter alia and the following order:-- we therefore hold that mills should be allowed to work three shifts if they want to with a system of changeover. Ordinarily the period of the three shifts should be as follows- 1 Shift. . . . . . . . . 7 a. m. to3 p. m. 2 Shift. . . . . . . . . 3 p. m. to 11 p. m. 3 Shift. . . . . . . . . 11 p. m. to7 a. m. There should be a recess of half an hour during each of the three shifts. In wint

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