V. BHARGAVA, J.

(1) THIS appeal by special leave is directed against an award of the Second Labour court, West Bengal, made on a reference of an indus- trial dispute which arose between the appellant, M/s. Ananda Bazar Patrika Private Ltd., and respondents, its workmen. This dispute related to the retirement ,of one Prafulla Kumar Gupta. The workmen raised the dispute that the retirement of Gupta was against the service conditions applicable to the workmen of the appellant Co. and, therefore, the issue, which was refer- red for adjudication, was as follows :

"IS the Company justified in retiring Shri Prafulla Kumar Gupta? If not, what relief is he entitled to?" The claim of the workmen was resisted by the appellant before the Labour Court on one single ground, viz., that Gupta was not a workman so that no industrial dispute could arise in regard to his retirement. The Labour court rejected this contention of the appellant and held that Gupta was a workman at the date of retirement and, consequently, gave the award against the appel- lant, It is this order of the Labour court that is challenged before us.

(2) AS the circumstances related above show, the sole questi