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, in Ins concurring judgment, Butler was paid " his salary as private secretary and was not paid anything as election agent ". On March 18, 1952, they were again taken into service but this temporary closing of the factory gave rise to an industrial dispute and the workmen complained that they were wrongfully laid off with effect from January 17, 1952. Counsel for the appellant relies on these observations, and argues that on the finding of the Tribunal that the 25 men had been in service for a, long time, there could be no question, of their having been employed for work in connection with election, and that they were, therefore, neither election agents nor was the salary paid to them payment on account of any employment in connection with the election.

As regards Butler, Phillimore J. All these persons had taken part in the election. It tried to secure a loan of Rs. observed that if it could be held that at the time' of his employment his duties included also work in elections if and when they, were held, then a proportionate part of his salary should be regarded as election expenses; but, on the facts, he held that it was no part of the duties of Butler in respect of his standing employment to be election agent when called upon, and that, therefore, no part of his salary need be shown as election expenses.

A settlement was, however, arrived at between the parties on June 15, 1952, at the house of the Collector of Banaras. 50,000 were purchased likewise and left with the Exchange Bank for the same purpose. The terms of that settlement, inter alia, were: (1) Advocates, see here now, the management would withdraw its notice of closure dated June 12, 1952 ; (2) the workmen would withdraw their strike notice dated June 6, 1952; (3) there being no coal, the workers would remain on leave for a period of thirty days with effect from June 16, 1952, and would report for duty on July 16, 1952, at 8 A.

-This is an appeal by special leave from the judgment and order of the Labour Appellate Tribunal of India at Allahabad dated October 30, 1952. These workmen were employed from the month of March to the month of September 145 year. He held a power of attorney to act as the Managing Director on behalf of the Directors of the Company. Thereupon, it decided to close down the factory and on January 15, 1952, a notice was given to its workmen saying that the factory would be closed down with effect from January 17, 1952, and the services of the workmen would not be necessary for two months from that date.

The appellant company got into financial difficulties on account of trade depression, rise in the price, of materials and increase in the wages and emoluments of workmen. 25,000 each of the value of Rs. On instructions from the Co-operative Bank, the Exchange Bank purchased in August 1946 securities worth Rs. (2) Where any area has been declared as reserved area for a factory, the occupier of such factory shall, if so directed by the Cane Commissioner, purchase all the cane grown in that area, which is offered for sale to the factory.

10,000/- from a Bank but met with no success. men received their wages up to January 16, 1952. But then, considering the effect of the clerks of the company taking part in the election, Phillimore J. 25,000 in its own name with money belonging to the Co- operative Bank and the securities were kept with the Exchange Bank as a cover for overdraft. As put by Pickford, J. , had opened a current account with the Exchange Bank. The Judgment of the Court was delivered by S. In the meantime, that is, on June 6, 1952, the workmen gave a strike notice and as there was no coal in the factory, the appellant also gave a notice of closure Advocates (view publisher site) on June 12, 1952.

The appellant at all material times was the Managing Director of the Exchange Bank of India and Africa Ltd. In 1944 the Cambay Hindu Merchants Co-operative Bank at Cambay, which hereinafter will be referred to as the Co- operative Bank. The dispute was referred to the Regional Conciliation Officer, Allahabad, for adjudication. In March 1948 two further lots of Government security of Rs. By that power the accused was invested with the authority to Advocates (view publisher site) borrow money on behalf of the Bank.

The factory worked as a seasonal factory and had in its employment about 25 workmen at all material times. On the 14th May 1948 the two banks entered into a contract evidenced by three documents to be noticed in detail hereinafter. , with its head office at Bombay, which hereinafter will be referred to as the Exchange Bank. The Banaras Ice Factory Limited, the appellant before us, was incorporated on September 13, 1949, as a private limited company and was carrying on the business of manufacturing ice in the city of Banaras though its Advocates (view publisher site) registered office was in Calcutta.

648 (4) Where any order is made or approved by the State Government under this section, the State Government shall, as soon as may be, report the fact to the Central Government together with the grounds on which the order has been made and such -other particulars as in the opinion of the State Government have bearing on the necessity for the order". The relevant facts are these.