Judgement

RAMASWAMI, J. : This appeal is brought, by special leave, against the judgment of the Bombay High Court dated February 6, 1962 in Appeal No. 36 of 1960 from the order of K. K. Desai, J. in Miscellaneous Application No. 327 of 1959 filed by the appellant under Art. 226 of the Constitution of India.

2. The appellant carried on business as a cotton textile mill prior to July 1, 1958. It had been registered as an Undertaking in the cotton textile industry under the Bombay Industrial Relations Act, 1946 (Bombay Act XI of 1947), hereinafter referred to as the Act . The second respondents are a representative Union of the Cotton Textile Industry in the city of Bombay and registered as such under the provisions of the Act. The second respondents gave a notice of change in connection with the method to be adopted for grant of bonus for the years 1953 to 1957. The dispute arising out of that notice was referred to arbitration of the Industrial Court by a submission in writing dated February 28, 1956 under S. 66 of the Act. On March 1, 1956 an agreement was entered into between the Millowners Association on behalf of certain cotton textile mills and the second respondents in conne