Ranawat, J.—This is an application under Art. 226 of the Constitution of India by Maharaja Kishangarh Mills Ltd., Kishangarh, against the State of Rajasthan, Mr. D. C. Sharma, Judge of the Industrial Tribunal and Kishangarh Mill Rashtriya Mazdoor Congress. The petitioner is a public limited company owning Textile Mills at Kishangarh, which manufacture cotton yarn and cotton cloth. The respondent No. 3 is a Union of the labourers of the Mills.

2. It is alleged on behalf of the petitioner that for some time past the Mills were running at a heavy loss and as there was no hope of running them at a profit the petitioner closed the Mills on the 19th of Oct., 1952, which resulted in unemployment of labour. The Government of Rajasthan, it is said, intervened and the petitioner agreed to work the Mills subject to the condition that an expert, who had been appointed to hold an inquiry into the affairs of the Mills, should complete the inquiry within 10 days and that if the finding of the expert would be that it would be uneconomical to run the Mills in the present conditions the Mills would be closed, or if the inquiry did not finish within 10 days time the working of the Mills would again be

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