Mitter, J. - (1.) This is an application to make absolute a rule nisi calling- upon Respondent No. 1 to show cause why a writ of certiorari should not be issued to the end that certain proceedings before him be quashed as also to show cause why he should not forbear from entering upon a certain reference and from making- any award or adjudication thereupon. The application is both under Article 226 of the Constitution of India and under section 45 of the Specific Relief Act.
(2.) The applicant is the proprietor of the Weekly Notes Printing Works. He is (I) Vol. 1, Indian Factories Journal (Reports) 217 also the Editor of the Calcutta Weekly Notes. Respondent No. 1 M. C. Banerjee is the Chairman of the Tribunal constituted under the Industrial Disputes Act (Act XIV of 1947) and Bengal Industrial Disputes Rules, 1947, regarding an alleged industrial dispute between the parties herein. He has his office at No. 8, Lyons Range, Calcutta, within the jurisdiction of this Court. The second Respondent Mahendra Nath Banerjee worked for many years as a Lino Operator in the said Printing Works of the applicant.
(3.) The facts which need be stated for the purpose of this application are these:;