JUDGMENT :

TENDOLKAR, J.

1. This is a petition by the employees of Firestone Tyre and Rubber Company of India, Ltd. for the issue of a writ of mandamus calling upon the State of Bombay, who are the first respondent, to refer a certain dispute to adjudication. The second respondents are the company.

2. The matter arises in this way. The petitioners are some of the employees of the company and are members of the employees' union, a trade union registered under the Indian Trade Union Act. On 17 November 1953 the union sent a letter to the company putting forward certain demands relating to gratuity, paid holidays, classification of certain employees and bonus for the year November 1952 to October 1953. A copy of the said letter was also sent to the Commissioner of Labour with a request that he should intervene in the matter. The company did not send any reply to the said letter and thereupon the union wrote to the Assistant Commissioner of Labour to commence conciliation proceedings in the matter of the said industrial disputes. After this letter was sent on 2 December 1953 the company on 6 December 1953 declared a bonus for the year November 1952 to October 1953 equivalent to one-fourth