( 1. ) THIS is a petition under Article 226 of the Constitution filed by M/s Jiyajeerao Cotton Mills Ltd. , a company incorporated under the indian Companies Act and its Factory Manager for the issue of a writ of certiorari for quashing an order of the Industrial Court, Madhya Pradesh, dated 12th May 1969, directing that the non-petitioner No 1 Kamal Singh should be classified as a Supervisor and not as a Jobber and should be treated as such and that he shall be entitled to all the privileges attached to that post.

( 2. ) SHORTLY stated, the facts are that the non-petitioner No. 1 has been working as a Supervisor in the Reeling Department of the Mills since the year 1957 but he had not been given the post and pay of a Supervisor. After serving an approach notice on the management, he made an application before the Labour Court, Gwalior, under section 31 (3) of the M. P. Industrial relations Act, 1960), seeking a declaration that he should be properly classified as a Supervisor and not as a Jobber. Though the Labour Court held that he had, in fact, been working as a Supervisor since the year 1957, it had no jurisdiction to adjudicate upon the question as regards the classif