S.B.Sinha, J. - (1.) This appeal is directed against the judgment and order dated January 30, 1996 passed by the learned single Judge of this Court in C.O. No. 12456 (W) of 1996 on January 30, 1996, whereby and whereunder the said learned Judge allowed the writ application filed by the respondents herein questioning an order dated March 18, 1986 passed by the learned Presiding Officer, Central Industrial Tribunal in Reference No. 4 of 1981.
(2.) The basic facts of the matter is not in dispute. The concerned employees were appointed by the respondents upon undergoing a selection process through a Selection Committee. 42 candidates appeared before the Selection Committee and out of them 39 were appointed. Complaints of irregularities of the selection were received by the Head Office of the first respondent herein and pursuant thereto an enquiry was conducted, whereafter, allegedly, on the ground of fraud having been practised upon the Corporation, certain employees were punished and the services of the concerned workmen were terminated. An industrial dispute was raised by the appellant and the appropriate Government by a letter dated 1st August, 1980 refused to refer the said dispute allegedly on the ground that Section 25-F of the Industrial Disputes Act, 1947 was not attracted in the matter. The appropriate Government was approached again and by reason of an order dated December 27, 1980, a reference was made before the respondent Tribunal on the following dispute: "Whether the action of Joint Manager (Port Operation), Food Corporation of India, Calcutta, in dismissing Shri Niranjan Dasgupta and forty nine other workmen from service as per office order dated March 28, 1974 is legal, proper and justified? If not, to what relief, are the workmen entitled?"
(3.) Before the learned Tribunal the respondent herein raised the following preliminary issues: "1. The second reference is bad in law because the Food Corporation of India was not given any opportunity to be heard before making the order of reference; 2. The Association in question which is espousing the cause of the concerned 50 workmen has no locus standi and, thus, having no representative character it should be held that no industrial dispute exists; 3. No dispute having been raised by the Association with the management, the reference should be held to be illegal; and;