JUDGMENT :

C.A. Vaidialingam, J.—This is an application under Article 226 of the Constitution for quashing the award dated 19 November 1958 passed by the Industrial Tribunal, Kozhikode, in I.D. Nos. 16 and 17 of 1958 and published in the Kerala Gazette, dated 23 December 1958.

2. The petitioner, Ravikrishna Weaving Mills (Private), Ltd., Azhikode, was carrying on business in the manufacture and supply of cotton power loom goods. It was employing about 189 labourers. In the latter half of 1957, the mill appears to have experienced some difficulty and, in consequence, the management decided in or about February 1958 to discontinue one shift in the company. In view of this decision, the management decided to lay off 74 of the junior most workers on payment of the necessary compensation admissible in law and the lay-off was scheduled to come into effect from 1 March. 1958.

3. On 1 March 1958, the 74 persons, who had been notified to be laid off, reported in the office and after signing in the lay-off register, received the compensation for lay-off, The other workmen as usual reported for duty and worked on that day. The 2 March 1958 was a Sunday and as such a holiday. On the next day, nam