D.Basu, J. - (1.) The Petitioner, in this Rule is the Imperial Tobacco Co. (hereinafter referred to as 'the Company'), Respondents 2-3 are its workmen. Respondent 1 is the Deputy Labour Commissioner of West Bengal and Respondent 4 is the State.
(2.) The Company alleges that on the 12th June, 1965, the Company filed two applications under Sections 33(3) and 33(2) (b), respectively, of the Industrial Disputes Act, 1947. (hereinafter referred to as 'the Act'), before Respondent 1, in respect of the dismissal of Respondents 2 and 3, which applications are "still pending. The Company's case is that these two applications were filed by it under a mistake of law as to whether certain disputes between the Company and its workmen were still pending in conciliation proceedings, while, in fact, they had been concluded by settlement. Upon a dis-covery of this fact, the Company filed the application at Annexure C before Respondent 1 urging that he had no jurisdiction to determine the two applications under Section 33 of the Act Respondent 1, by his letter at Annexure D of 4-7-1966 has held that even after the conclusion of conciliation proceedings, he had jurisdiction to dispose of such appliactions on their merits and has proposed to proceed with the hearing of the applications in question.
(3.) The Rule is opposed by an affidavit of Respondent 2. who claims to represent Respondent 3 as well. Respondents 1 and 4 have filed no affidavit-in-opposition.;