Meredith, J.

1. This is an application under Article 226 of Indian Constitution for the issue of a writ in the nature of mandamus upon the State Government of Bihar directing it to refer an industrial dispute to a Tribunal for adjudication under the proviso to Sec.10 (1), Industrial Disputes Act, 1947 (Act xiv [14] of 1947).

2. The petitioner is the Vice-President of the Wire Products Labour Union, Jamshedpur, which, it is stated, is a registered trade union and has a membership of over 2000 workers who are employed in the Indian Steel and Wire Products Limited, which is a public utility service.

3. The facts stated in the petition may be summarised as follows : In the year 1947, an award was given by the Chairman, Industrial Tribunal, who decided inter alia that the management and the Union should evolve through mutual consultation a suitable wage structure for the workmen. One Mr. John was then the President of the Union, and he agreed to a wage structure which was later enforced by the management some time in February 1949. This wage structure was detrimental to the interests of the workers and had not been sanctioned either by the executive committee of the Union or its