Deb, J. - (1.) On February 16, 1973, this Rule nisi was issued in this writ application in relation to an Industrial Dispute Award dated November 28, 1972, made by the Respondent No. 2, hereinafter referred to as 'the Tribunal'.
(2.) The Petitioner is a registered Trade Union of Employees of the Respondent No. 1, hereinafter referred to as 'the Company'. Two Joint Secretaries of the Petitioner were Gour Mohan Dutta and Ajit Kumar Ganguly. There is also another registered Trade Union of the workmen of the Company. On May 30, 1962, the Company retrenched its 9 employees and many workmen. It also dismissed its several employees and one of them was Gour Mohan. Hence, disputes arose between the Company and the Unions. No settlement could be reached in conciliation proceedings and hence, by an order dated August 10, 1962, made under Sec. 10 of the Industrial Disputes Act, 1947, the Respondent No. 3, the State Government, referred to the Tribunal for its adjudication on the issues to the effect, namely, that whether their retrenchment was justified and what relief, if any, they were entitled to.
(3.) Thereafter, the Company and the workmen's Union arrived at a settlement in which the Petitioner was not a party. On July 4, 1970, the Company and Gour Mohan, in his capacity as one of the Joint Secretaries of the Petitioner, settled the dispute regarding those retrenched and dismissed employees.;