( 1 ) THIS petition under Article 226 of the Constitution of India has been filed by the employer for quashing the order dated 8-4-1957 passed by the Labour commissioner, Madhya Pradesh, Indore in case No. 8 of 1957 and confirmed by shri K. B. Kher, Presiding Officer of the State Industrial Court on 1-4-1958 in revision application No. 19 of 1957.

( 2 ) THE third non-applicant, who was a jobber, in the applicant mills and is a worker of the Rashtriya Mill Mazdoor Sangh, Burhanpur, was served with a charge sheet dated 21-9-1956 (annexure A ). The said charge sheet stated that on 21-9-1956 at about 7-30 in the morning when the workers in the weaving department were on duty, the said Sulemankhan (present respondent 3) instigated the workers to stop work, thereby causing an illegal strike in the mills.

( 3 ) THE proceedings about the enquiry held by the manager on the said charge have not been filed in the present case, but during the course of the arguments, the detailed findings, as also the evidence recorded were made available for our perusal. If necessary the said proceedings relating to the enquiry shall be referred to later on.

( 4 ) THE only order filed in this C