JUDGMENT :

PATEL, J.

1. Petitioner 1 is the Bombay Port and Dock Employees' Union registered under the Indian Trade Unions Act and petitioner 2 is a worker in the workshop of respondent 2, Scindia Workshop, Ltd.

2. In 1948, there was an agreement between the company and its workmen produced at Ex. A, by which classification of employment was made, and introduced wage-scales for different categories of the workmen. Fresh disputes were raised in 1955 and an award was obtained from the industrial tribunal which, in some measure, modified the earlier agreement between the parties by raising the wages in the different scales but the classification continued as before. By a charter, the workmen made 35 demands against respondent 2. The State Government by its order dated June 13, 1963 referred these demands to the industrial tribunal for adjudication. The matter was taken up on June 18, 1963 when notices were issued to the respective parties. Both the parties filed their statements of claim and the matter was finally adjourned to October 22, 1963. The petitioners then filed an application on that day for appointment of assessors. It also appears that the matter was being argued on certain a