S.C. Ghose, J. - (1.) This appeal arises out of a judgement and order dated December 6, 1977 passed by Sabyasachi Mukharji, J. By and under the said order Sabyasachi Mukharji, J. discharged the Rule Nisi obtained by the appellant under Article 226 of the Constitution and vacated all interim orders that were passed in the said proceedings The facts giving rise to the moving of tho said application under Article 226 of the Constitution by the appellant are set out hereunder.
(2.) The appellant carries on business of banking at various places in India including at No. 19, Netaji Subhas Road, Calcutta.
(3.) Approximately, 1750 workmen are employed in the different branches of the appellant in Calcutta. Almost all of the said workmen are the members of the recognised union of the workmen of the appellant - "National & Grindlays Bank Employees Union." The respondents Nos. 5 to 17 were at all material times employed by the officers of the appellant as their Drivers. The respondent No. 3 the Commercial Establishment Employees Association (hereinafter referred to as (he said Association) although never had anything to do with the appellant and none of the workmen of the appellant, was a member of the said Association, the said Association under cover of a letter dated September 21, 1974 forwarded a Charter of Demands for the above mentioned Drivers who had been working as the employees of the officers of the appellant. The said Charter of Demands was with regard to the pay scale, dearness allowances, privilege leave, casual leave, sick leave, festival holidays, working hours, overtime remuneration, medical facilities and various other demands. The said Charier of Demands appears at page 25 of the Paper Book. The appellant did not accede to the said Charter of Demands on Inter alia the ground that the Drivers were not the employees of the appellant.;