DESAI, J. :—If solemn agreements proposed by the employer and readily acceded to by the workmen and holding the forte for over a quarter of a century are crudely disowned compelling the workmen to knock at the door of the apex Court for removing the road-block in the access to justice set up by preliminary objection of technical nature, industrial peace and harmony chanted by the employer would be not merely an empty mantra but a futile exercise of chasing a mirage and unfortunately that is the situation here.

2. Hindustan Lever Ltd., a multi-national company, respondent herein addressed a communication dated January 24, 1957 recording the outcome of mutual deliberations, between the Hindustan Lever Ltd. (employer for short) and the Hindustan Lever Mazdoor Sabha (union for short) recognised representative union of the workmen employed by the employer. The relevant portion may be extracted:

"Ex. W-2 24th January, 1957

The President,

Hindustan Lever Mazdoor Sabha,

Bombay.

Dear Sir,

Referring to our recent meeting about field force, we would like to place on record that :

(1) We recognise you as the representive union for all sections of field force all over India.

(2) You have agreed to treat