- (1.)This is an application inter alia for the issue of a writ in the nature of Mandamus calling upon the respondents to rescind and/or withdraw and/or not to give effect to the impugned award made by the Seventh Industrial Tribunal, respondent No. 1 herein. This application also prays for the issue of a writ in the nature of Certiorari for quashing the said impugned award. The facts leading to the present application are set out hereunder:
(2.)The petitioners are partners of a registered firm named Kohinoor Binding Works. The petitioners together with another partner are also partners of another firm called Kohinoor Printing Works. Both the firms carry on business at No. 3 Abdul Ali Road, Calcutta-16. The business carried on by these two firms are similar. In fact both the firms are allied concerns and carry on the business off Printers and Binders. On or about 24-1-1968 the petitioners firm dismissed one of its workmen Mr. Yusuf respondent No. 5 herein after holding domestic enquiry following having served him with a charge sheet.
(3.)Thereupon a registered Trade Union called West Bengal Press Workers and Employees Union of 84/1A Bepin Behari Ganguly Street, Calcuta12 took up the cause of the said dismissed employees and the dispute between the parties was referred by the State Government by Order No. 1317/IR/1R/13L-54/67 dated June 8, 1968 to the Seventh Industrial Tribunal, West Bengal for adjudication of the issue as to whether the dismissal of the said Workmen amongst others mentioned in the order was justified and what relief, if any, such workmen amongst others mentioned in the said order were entitled to. The said order of reference also referred to the said Tribunal for adjudication of another issue namely as to whether termination of employment of one Sabir Ahmed was justified and to what relief if any was he entitled.