Judgment

S. Saghir Ahmad, J.-The legal battle which started on a larger plane between the parties to this appeal, in 1984, has now narrowed down to only one question, namely, the question relating to the representation of an employee in the disciplinary proceedings through another employ­ee who, though not an employee of the appellant-Corporation was, nevertheless, a member of the Trade Union.

2. Bharat Petroleum Corporation Ltd., which is the appellant before us, was incorporated in 1976.

On 4.12.1985, the appellant submitted Draft Standing Orders to the Certifying Officer for certification for the Industrial Employment (Standing Orders) Act, 1946 (for short, ‘the Act’) which were intended to be applicable to the Marketing Division, Western Region, including its Head Office at Bombay. On receipt of the Draft Standing Orders, the Certifying Officer issued notices to various employees’ Unions and after following the statutory procedure and after giving the parties an opportunity of hearing, certified the Draft Standing Orders on 14.10.1991 by an order passed under Section 5 of the Act. The Draft Standing Orders, as submitted by the appellant, were not certified in their entirety but we