Judgment

GUPTA, J.:- In this appeal by special leave the only question for determination is whether the dispute referred by the Deputy Labour Commissioner, Uttar Pradesh, on May 17, 1958 to the Labour Court at Meerut under Section 4-K of the U. P. Industrial Disputes Act, 1947 was really an industrial dispute. The question arises on the following facts. The third respondent, Summera, (hereinafter referred to as the respondent) an employee of the appellant company, was dismissed from service on August 22, 1955. It appears that before the impugned order of reference was made to the Labour Court, the Government of Uttar Pradesh had by an order dated January 7, 1957 referred the dispute concerning the dismissal of respondent Summera to the Regional Conciliation Officer, Agra, for adjudication in exercise of powers conferred by sections 3, 4 and 8 of the said Act. The opening words of that order were : "Whereas an industrial dispute ...... exists between the concern known as M/s. Mathura Electric Supply Co. Ltd. Mathura, and its workman Shri Summera .................". The description of the dispute in this order as one between the company and an individual workman prompted the Company to file a writ petition in the Allahabad High Court challenging the validity of the reference. Thereafter the Government of Uttar Pradesh by an order made on April 15, 1957 amended the earlier order by substituting for the words "M/s. Mathura Electric Supply Co. Ltd., Mathura and its workman Shri Summera" occurring in the earlier order, the words "M/s. Mathura Electric Supply Co. Ltd., Mathura and its workmen". Ultimately on December 30, 1957 the State Government passed an order withdrawing the reference made to the Regional Conciliation Officer, Agra, which made the writ petition infructuous and it was accordingly dismissed. The impugned order of reference was made on May 17, 1958. The Labour Court, Meerut, made its award on September 30, 1958 in which it was held that Summeras dismissal was wrongful. The Labour Court directed that the workman should be reinstated without a break in service and paid all arrears of wages. The company filed a writ petition in the Allahabad High Court challenging the validity of this Award. A single Judge of the High Court did not accept the contention raised on behalf of the company that it was an individual dispute and agreeing with the finding of the Labour Court that this was an industrial dispute the learned Judge dismissed the writ petition. A Division Bench of the High Court dismissed the appeal preferred by the Company against the decision of the single Judge on the preliminary ground that the appeal was incompetent by reason of nonjoinder of a necessary party, namely, the Electric Workers Union, Mathura. However, we heard counsel for both sides on the main question as to whether the dispute arising on the dismissal of the respondent was espoused by other workmen to make it an industrial dispute.

2. The impugned order of reference dated May 17, 1958 describes the dispute as one existing between the "employers and the workmen of the concern known as M/s. Mathura Electric Supply Co. Ltd., Mathura". In support of the claim that this was an industrial dispute the respondent in his counter-affidavit filed in the High Court annexed copies of two documents. One of these documents is a letter dated June 15, 1956 addressed by the Secretary of the Electric Workers Union, Mathura to Shri P. N. Bhargava, Vice-President of the Utter Pradesh Indian National Trade Union Congress, Agra, saying that efforts should be made immediately to get the case of the respondents dismissal referred for adjudication. By the other document which is dated November 15, 1956 the Secretary, Electric Workers Union, Agra authorised Shri P. N. Bhargava, Vice President, Uttar Pradesh Indian National Trade Union Congress. Agra branch, to represent the respondents case "before the Conciliation Board, Adjudicator, Labour Tribunal or any other Tribunal in