Anantanarayanan, O.C.J.-

This is an appeal instituted by the Management of United Bleachers (Private), Limited, Mettupalayam, from the judgment of Veeraswami, J., in W.P. No. 129 of 1962, which itself was a proceeding for the issue of a writ of certiorari, quashing the award in Industrial Dispute No.41 of 1961 on the file of the Labour Court, Coimbatore. The facts have to be set forth first, with some precision and care, for a proper appreciation of the true scope of the controversy before us. For the purpose of the disposal of this appeal, we are segregating certain essential facts alone for notice, and disregarding others. One P. Krishnan, employed as a workman in the organisation of the appellant institution, in a particular capacity of a Supervisor of a shift, in the Stitching Department, was informed by a letter of the Management, dated 3rd October, 1957, that his post was abolished. This was in consequence of a decision by the Management to work both stitching machines during the day-shift, to abolish the night-shift. In order to lessen the hardship to the worker, he was offered an alternative job of a Helper in the same department, admittedly, a different and lower category.

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