(1.) THIS application under Article 226 of the Constitution of India arises out of an Order dated September 14, 1986 passed by the Presiding Officer, Industrial Tribunal, Dibrugarh, in reference Case No. 8 of 1981. By that the application under Section 33(2)(b) of the Industrial Disputes Act was disallowed by the Tribunal.
(2.) THE brief facts of the case are as follows:
(3.) THE law on this point is settled by a decision of the Supreme Court reported in Delhi Cloth and General Mills Company v. Ludh Budh Singh, 1972 -I -LLJ -180 wherein in paragraph 61 of the Supreme Court pointed out as follows: -(p. 199)