An individual dispute cannot be converted into an industrial dispute unless it is espoused by a union or workmen having a direct or substantial interest in the employment or conditions of labour of the aggrieved workmen.

( 1 ) THIS is an appeal against the judgment of our learned brother Basi Reddy, J. refusing to remove an order of the Labour Court, Andhra Pradesh at Hyderabad on certiorari.

( 2 ) THE facts material for the purpose of this enquiry are shortly these. The appellant i. e. , Messrs. Express Newspapers (Private) Limited is a company incorporated under Indian Companies Act and has its head office at Madras. At the material time, it had a branch at Hyderabad with five employees, a branch manager, two working journalists, a staff reporter and a correspondent, who are respondents 2 and 3 in this appeal, a teleprinter operator and an attender. The appellant dismissed the two respondents from service on 28-6-1959 for misconduct and gross negligence of duties. While there was a Union of the appellants workmen in Madras known as the Express Newspapers Employees Union, there was no such union of the workmen of the appellants establishment at Hyderabad. Respondents 2 and 3 were not members of the Madras Union but were members of the Andhra Pradesh Union of Working Journalists which had" its registered office at Hyderabad. Respondents 2 and 3 wrote to the General Secretary of the Andhra Pradesh Union of Working Journalists (which will hereinafter be referred to as the Andhra Pradesh Union) apprising him of their dismissal on 28-6-1959 by the management of the Express Newspapers Limited and complaining that their dismissal was wrongful and vindictive and was an act of victimisation for their trade union activities and requesting him to convene a meeting of the general body of the Andhra Pradesh Union to espouse their cause and to secure the redressal of their grievances. Meanwhile, the other two employees of the appellant addressed letters to the Andhra Pradesh Union promising their co-operation to the Union in any steps which the Union might take in the matter of obtaining the redressal of the grievances of respondents 2 and 3. At a meeting of the general body of the Andhra Pradesh Union held on 19/07/1959, a resolution was passed condemning the action of the management of the Express Newspapers (private) Limited in illegally and improperly dismissing respondents 2 and 3. By the same resolution it was decided that the Union should sponsor the cause of respondents 2 and 3 and take necessary steps to secure redressal of their grievances by moving the concerned authorities. Then the Union wrote to the appellant protesting against the dismissal of respondents z and 3 to which the latter sent a reply justifying their action. Thereafter, the Union started proceedings before the Conciliation Officer, Department of Labour, Government of Andhra Pradesh. The Conciliation proceedings however did not bear fruit. Ultimately, the Government of Andhra Pradesh referred the following matters for adjudication to the Labour Court, Hyderabad : "whether the dismissal of the following working journalists is justified : 1. Sri K. Sampath, Staff Reporter; and 2. T. V. Krishna, Correspondent. If not, to what relief are they entitled?"

( 3 ) WHEN the matter went up before the Labour Court the appellant questioned its jurisdiction to entertain the reference, inter alia, on the ground that the dispute was only an individual dispute and not an industrial dispute within the terms of Section 2 (k) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) inasmuch as it was not sponsored by a substantial section of the entire establishment of the appellants company or a recognised part of the establishment thereof or by a Union of the Workmen of the company. It is not necessary to refer to other grounds of challenge as they are not pressed before us. The Labour Court overruled this objection as in its view the cause of the two working journalists was espoused by the Andhra Pradesh Union of Working Journalists of which they were admittedly members and which was a trade Union representative of working journalists of Andhra Pradesh, and that as the