Judgment

GAJENDRAGADKAR, C.J.I. : The short question which this appeal by special leave raises for our decision is in relation to the construction of S. 18(3) (b) of the Industrial Disputes Act, 1947 (No. 14 of 1947) (hereinafter called the Act ). This question arises in this way. An industrial dispute in regard to the payment of bonus arose between the appellant Hochtief Gammon and the respondents, its workmen, represented by the Rourkela Workers Union, Rourkela. This dispute was referred for adjudication to the Industrial Tribunal, Orissa by the Government of Orissa on the 14th November, 1960. After the reference was received by the Tribunal, it passed an order on the 17th November, 1960 that notice of the reference should be issued to the parties concerned. Purporting to give effect to this order, the office of the Tribunal issued notices not only to the appellant and the respondents, but also to the Deputy General Manager of M/s. Hindustan Steel Ltd. This was so done apparently because a copy of the notification of the Government of Orissa containing the order of reference had been served on the said Dy. General Manager. After the notice issued by the Tribunal was received by t