1. This appeal has been filed by a number of teachers employed by the Civil Station Sub-committee, a branch of the Municipal Committee, Nagpur, (now replaced by the Corporation of the City of Nagpur) against the Corporation.

2. The suit was originally brought by 21 plaintiffs who, alleging that a common point of law and fact arose in the case, applied to join under O.1 R.1 and O.2, R.3, Civil P.C. The facts of the case are very simple. The Municipal Committee had assessed conservancy tax upon the Railway property situated in Nagpur, and a dispute arose as to the quantum. To solve the dispute the Railway and the Municipal Committee agreed to take a census of persons using the latrines and urinals attached to the Nagpur railway station.

Both sides arranged for a count of such persons, and the Municipal Committee wanted to employ these teachers for this purpose. The count was to take place on 30th and 31st March 1945. Prior to this, the Municipal Committee sent a rather peremptory notice, probably anticipating trouble, to each teacher worded as follows: He is directed to be present in the Office of the Health Supervisor, Civil Station Sub-Committee on 29-3-1945 at 3 p.m. without