- (1.) In this appeal, the appellant Reckitt & Colman of India Limited has challenged the propriety of the judgment of Basak J. whereby the learned Judge discharged the Rule Nisi obtained by the appellant on the application under Article 226 of the Constitution.
(2.) Twelve drivers of the appellant company raised certain disputes inter alia with regard to their salary, allowance etc., which were espoused by a Union being the Motor Workers Union, the respondent no.3. The said Union was able to get a reference made by the State Government under S. 10 of the Industrial Disputes Act, 1947, to the Fifth Industrial Tribunal. The reference was for the purpose of adjudicating the following two issues: - 3) Whether the service condition of the drivers of cars owned by the company should be identical with those of other drivers in the Roll of the company 4) Whether termination of services of Sri Essamuddin, car driver, from 30.10.72 is justified To what relief, is he entitled
(3.) A preliminary objection was raised by the appellant before the Tribunal on a number of grounds. We are, however, concerned with only two grounds, viz., (1) the reference on the face of it does not show the existence of relationship of employer and employees between the appellant and the car drivers and (2) the reference was invalid inasmuch as the dispute was not espoused by the Union of the workmen of the appellant company but by an outside Union.;