- (1.) This is an appeal from a judgment of Mr. Justice Ghose delivered on July 3,1973 in a Writ Petition which the appellant had filed. The appellant is a company within the meaning of the Companies Act, 1956. The appellant's business at all material times consisted of manufacture and sale of playing cards, greeting cards, writing pads, envelopes and similar other articles. The appellant has a printing press for the purpose of carrying on its aforesaid business. It was stated before the learned trial Judge that the appellant had closed down the business since August 5, 1972. The appellant's case was that most of its products used to be sold to Ganga Saran and Sons Private Ltd. which was a company under the same management. But from time to time the appellant supplied card board boxes and playing cards to different parties or customers for the purpose of using the same as advertisement by the said customers. The appellant never undertook any printing work besides aforesaid from any party whatsoever. The appellant admits that it is an industry but denies that it is or ever was a printing industry.
(2.) On the 8th June, 1967, an order of reference was made by the Government of West Bengal to the 7th Industrial Tribunal constituted under the Industrial Disputes Act, 1947. The first para of the said order of reference is as follows : "Whereas industrial disputes exist in the printing Industry in Calcutta and Howrah between the employers of the Printing Establishments mentioned in the list attached herewith on the one hand and their workmen represented by (1) Press Employee's Association, 249-B, Bepin Behari Ganguli Street, Calcutta-12 and (2) Calcutta Press Worker's Union, 48, Dharamtala Street, Calcutta-12 on the other relating to the undermentioned issues being matters specified in the third Schedule to the Industrial Disputes Act, 1947 (XIV of 1947); ............"
(3.) In the Schedule 142 printing establishments were mentioned. The appellant is item No. 95 in the Schedule.;