( 1 ) THIS Writ Petition is filed by the petitioner, Praga Tools Ltd. , challenging the award of the Labour Court in Industrial Dispute No. 35 of 1960 over-ruling the preliminary objection raised by the petitioner viz. , that In view of the settlement arrived at between the parcles in the course of the conciliation proceedings, the question of raising any industrial dispute by the workman or referring it under section 10 (1) of the INDUSTRIAL DISPUTES ACT, 1947, does not arise.

( 2 ) THE petitioner is a public sector industry. There are two rival unions in rhis industry, one is called the Praga Tools Employees Union and the other Praga Tools Mazdoor Sabha. While the former is affiliated to the all India Trade Union Congress, the latter is affiliated to the Indian National trade Union Congress. Under the standing orders of the Company, there are five categories of workmen, viz. (1) permanent ; (2) probationer ; (3) apprentice ; (4) Trainee and (5) Casual workmen. The permanent workmen are again sub-divided into classes (A) and (B ).

( 3 ) THERE was a re-organisation in the year 1958 and the workmen belonging to the various categories were fitted inro these grades In