G.K.Mitter, J. - (1.) This is an appeal from an order making absolute a Rule obtained by two persons W. F. Depenning and B. A. E. Depenning who practise the profession of Patent and Trade Mark Agents in partnership against the Third Industrial Tribunal of West Bengal, the Patent and Trade Mark Agencies Employees' Union, the employees of Depenning and Depenning represented by Patent and Trade Marks Agencies Employees' Union and the State of West Bengal directing the issue of a writ in the nature of mandamus commanding the respondents not to give effect to the order of reference dated January 4, 1958, made by the State of West Bengal referring certain disputes between the De Pennings on the one hand and their employees on the other represented by the said Union.
(2.) According to the De Pennings the practice of the profession of Patent and Trade mark Agents is not an industry within the meaning of the Industrial Disputes Act of 1947 and the persons employed by them are not and cannot be workmen within the meaning of the said Act and any dispute between the said groups is not and cannot be an industrial dispute capable of reference by the Government to an Industrial Tribunal. The first petitioner is a qualified engineer and an associate member of various institutes. The second petitioner is a member of the Institute of Trade Mark Agents, London and the petitioners are registered Trade Mark Agents under the Indian Trade Mark Act 1940 and Rules made thereunder. They claim to be fully conversant with the laws and practice relating to Trade Marks and to be fit in other respects to practice as Trade Mark Agents. According to the petitioners their profession is essentially of a specialized legal and technical nature and consists in the application of their personal knowledge, training and experience to the handling of the affairs of their clients, inter alia, in :- (a) applying for and prosecuting applications for Patents and Designs on behalf of clients in India and abroad at the Patent Office. (b) applying and prosecuting applications for the registration of Trade Marks on behalf of clients in India and abroad at the Trade Marks Registry, and (c) advising clients regarding infringement of their Patent and/or Trade Mark rights, conducting oppositions, appeals and all other matters relating thereto.
(3.) The petitioners claim that in practising their profession they have to do various acts including :- (a) preparation of specification of new inventions for the grant of Patents; (b) making and prosecuting applications on behalf of clients for grants of Patents at the Patent Office and advising and conducting proceedings in opposition to grants applied for by others; (c) preparation of documents for registration of Designs and making and prosecuting such applications; (d) making and prosecuting applications for registration of Trade Marks and advising and conducting oppositions to registration and/or supporting clients' applications which have been opposed by others; (e) drawing up documents affecting proprietorship of Patents, Designs and Trade Marks, such as Assignments, Licence Agreements and Registered Users, etc., and the recording of such at the Patent Office and/or Trade Marks Registry.;