- (1.) THIS is a petition under Arts. 22,6 and 227 of the Constitution for the issue of a writ of certiorari quashing and setting aside the order passed by the State Industrial Court, Nagpur, in the matter arising under the C. P. and Berar Industrial Disputes Settlement Act, 1947.
(2.) THE relevant facts are as follows : The petitioner is known as the Empress Mills Nagpur. These mills are five in number and are known and styled as Empress Mills No. 1, Empress Mills No. 2, Empress Mills No. 3, Empress Mills No. 4 and Empress Mills No. 5. The respondent No. 2 is a recognised Union for the local area of Nagpur in respect of Textile Industry at Nagpur.
(3.) ON 7-1-1958, the petitioner, i. e. , the Empress Mills, served a notice of change on the respondent No. 2. After discussion over the matter, an agreement was reached between the petitioner and the respondent No. 2 on 17-1-1956 and it was agreed between the parties that Empress Mills No. 1 should be demolished and persons who used to work there should be transferred to third shifts of Empress Mills Nos. 3, 4 and 5 which shifts were agreed to be started for the purpose of absorbing workers from Empress Mills No. 1. According to the petitioner, the non-recognised Unions resented this agreement and started agitation against the Empress Mills as a result of which several un authorised strikes took place. Due to these strikes, normal working of the mills was completely dislocated with the result that the petitioner was compelled to close down the Mills on and from 11-2-1956. They deobred the closure of the Mills till such time when sufficient number of workers ex pressed their willingness to resume work normally and peacefully and carry on the work in accordance with the provisions of the agreement arrived at between the petitioner and the respondent No. 2.;