MADAN GURANG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution by three workmen. It is a novel application. Its main purpose is to secure a mandamus to compel the Government to make a reference of an industrial dispute to an industrial tribunal.

(2.) The prayers in the petition seek for-the issue of a writ of mandamus calling upon the Government to recall, rescind and withdraw the order made in Memo. No. 416 I.R. dated the 8th February, 1957. That order is contained in a letter. The letter concludes by saying "Under the circumstances Government do not like to intervene in the matter any further".

(3.) The applicants now seek for a Constitutional writ of mandamus to compel the Government to intervene. In this letter, which is described as an order, the Government states that an enquiry was made into the industrial dispute between M/s Alkali Chemical Corporation of India Ltd. and their workmen. It says further that it transpires that