Judgement

WANCHOO, J. : This appeal comes before us on a certificate granted by the Punjab High Court under Art. 133 (1) (a) and (c) of the Constitution. The appellant is the manager, Hotel Imperial, New Delhi (hereinafter called the hotel) while the respondents are the Chief Commissioner, Delhi, the Additional Industrial Tribunal, Delhi and the Hotel Workers Union, Katra Shahanshahi, Chandni Chowk, Delhi. The main contesting respondent is respondent No. 3 (hereinafter called the union). A dispute arose between the hotel and its workmen in October 1955. It was referred to an Industrial Tribunal on 12-10-1955, by the Chief Commissioner of Delhi. The portion of the order of reference, relevant for our purposes, is in these terms :

"Whereas from a report submitted by the Director of Industries and Labour, Delhi, under S. 12 (4) of the Industrial Disputes Act, 1947, as amended, it appears that an industrial dispute exists between the management of the Hotel Imperial, New Delhi and its workmen as represented by the Hotel Workers Union, Katra Shahanshahi, Chandni Chowk, Delhi;

And whereas on a consideration of the said report the Chief Commissioner, Delhi, is satisfied that the said dispu