T.C. Shrivastava, J.

This petition under Article 226 or Article 227 of the Constitution has been filed by the Burhanpur Tapti Mill to quash the order of the Assistant Labour Commissioner dated 30-8-1956 end the order of the State Industrial Court, dated 12-10-1956 confirming that order.

The Respondent No. 3 Lathrop was employed as a sweeper in the Mill belonging to the Petitioner. He was granted leave on 23-2-1956 for the period extending from that date to 7-3-1956. On the expiry of leave the Respondent No. 3 did not return to work. On 14-3-1956 he made an application through the Rashtriya Mill Majoor Sangh, Burhanpur, requesting for extension of leave. A telegram asking for extension was also sent by him on that date. On 14-3-1956 the Petitioner refused the grant of leave and intimated the union about it. Later on 26-3-1956 he again applied for extension of leave, which was refused on 28-3-1P56. Respondent No. 3 did not appear for work till 10-4-1956 and the Petitioner treated him as having left the service under Standing Order 13(4).

The Respondent No. 3 then approached the Assistant Labour Commissioner, who ordered his reinstatement. A revision against the order was rejected b