Rajamannar C.J. - This is an appeal against the judgment of Balakrishna Ayyar, J., in W.P. No. 882 of 1952. That was a petition filed by the respondents, Spencer and Co., Ltd., under Article 226 of the Constitution for the issue of a writ to the Labour Appellate Tribunal, Madras, prohibiting it from proceeding with the hearing of an appeal (Appeal-Bombay No. 91 of 1952) in the following circumstances. On 30th May, 1951, a large number of workers of the respondent Company went on strike because the management of the Company would not concede the several demands made on behalf of the workers by the Spencer’s Workers’ Union. On nth June, 1951, the Union wrote to the management that the, workers had decided to return to work. On the same day the management had written to the Union to say that they would be unable to re-engage persons who reported for work and that when the strike was withdrawn unconditionally, the management would call up various workers in batches. They also put up a notice on the same date to the effect that all workers who had been absent without leave since 30th May, 1951, would be deemed to have voluntarily terminated their employment with the Company and to have

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