Judgement

P. B. GAJENDRAGADKAR J. : This appeal by special leave arises out of a dispute between the appellant, Kays Construction Co. (Private) Ltd., Allahabad, and Messrs. Kays Construction Co., Allahabad by its sole proprietor Mr. H. M. Khosla, respondent 2, on the one hand, and the Workmen originally employed by respondent 2 through the Secretary, Kays Construction Mazdoor Sabha, Allahabad, respondent 1, on the other. The appellant is a private limited company having its registered office at 14, Stephen House, Calcutta, and carries on the business of constructing railway coaches at Allahabad against the orders received from the railway administration. The appellant was incorporated on June 23, 1956, and after its incorporation it submitted two tenders on February 2 and December 15, 1956, in response to advertisements published by the North-Eastern Railway calling for tenders for construction of railway coaches. These tenders were accepted by the railway authorities and their acceptance was communicated to the appellant at the end of March 1957. It appears that the Chief Mechanical Engineer North-Eastern Railway, Gorakhpur, wrote to respondent 2 on April 1,1957, that the siding at