JUDGMENT

JASWANT SINGH J.:— This appeal by special leave which is directed against the order dated November 16, 1976 of the High Court of Gujarat at Ahmedabad summarily dismissing Special Civil Application No. 1845 of 1976 filed by the appellant and another under Art. 227 of the Constitution raises an interesting question regarding the right of individual employees to appear or act in a proceeding under the Bombay Industrial Relations Act, 1946 (Bombay Act No. XI of 1947) (hereinafter referred to as the Act) where a representative union has entered appearance as the representative of the employees.

2. The facts and circumstances giving rise to this appeal, in brief, are:

Respondent No. 1 herein viz. The Kimatrai Printers and Processors Pvt. Ltd. Ahmedabad is an undertaking in the Textile Processing Industry which was recognised as such vide Notification No. KH - SHMC/2724/RU dated September 13, 1974 issued by the Registrar, Bombay Industrial Relations Act in exercise of the powers conferred on him under Section 11 (1) of the Act. Respondent No. 2 viz. the General Workers Union, Bhadra, Ahmedabad is a representative union of all the employees of the various undertakings registered by