- (1.) In this Writ Petition the order made by the Tribunal on two preliminary points is under challenge. The said two preliminary points which were raised before the First Industrial Tribunal, West Bengal in the above matter were as follows: "(a) As neither the workmen nor the Union raised the dispute with respect to closure and/or no such dispute was raised with the employer, the Government was not entitled to make any reference and the order of reference is bad in law. (b) As the workmen did not authorise the Union to raise any dispute and as no workmen existed on the roll of the Firm on and from 18th July, 1972, the Union has no locus standi to espouse the workmen in the dispute."
(2.) Another preliminary point was raised but was not pressed and it is not necessary to set out the same here.
(3.) It would appear that in the written statement filed on behalf of the Company it was, inter alia, stated as follows: "4. That the Carriers Transport Employees Union of West Bengal is not a Union representing the alleged workmen of the Company. To our knowledge the workmen of the Company were not the members of this Union at the relevant period, nor the workmen authorised this Union to espouse or raise any dispute purporting to be representative body of the Workmen. As such the present Union has no locus standi to enlist them as their members and espouse their case. 5. That the workmen or the alleged Union did not raise any dispute over the closure of the establishment with the Company first but instead of that this alleged Union approached the Labour Directorate, Government of West Bengal, for their intervention in the matter xxx xxx xxx 31. That as regards para 2 of the written statement of the Union, it is denied that the workmen were the. members of Carrier Transport Employees Union of West Bengal." XXX XXX XXX.;