V.Ramaswami, J.

1. In this case the petitioner is a registered trade union, called the Sindri Workers Union, which is constituted of workers of the Sindri Fertilizers and Chemicals Limited, which is a private limited company with its registered office at Sindri in the district of Manbhum. Under Sec.3 of the Industrial Employment (Standing Orders) Act, 1946 (Act XX of 1946), the Sindri fertilizers and Chemicals Limited (hereinafter referred to as the Company) submitted to the Labour Commissioner of Bihar at Patna the draft standing orders for the purpose of certification under the Act.

Under Sec. 5 (1) of the Act the Labour Commissioner of Bihar served a copy of the draft standing orders on the petitioner. In the proceedings for certification the petitioner objected that the Labour Commissioner of Bihar was not the proper authority to certify the standing orders of the company. It was contended on behalf of the petitioner that the Regional Labour Commissioner of the Union of India, whose office was at Dhanbad, was the proper certifying officer.

The Labour Commissioner, Bihar, did not consider the objection raised by the petitioner but certified the draft standing orders of t