S.C.Misra, J.

1. Harindra Dubey (Opposite Party No. 3) was employed as a driver by the petitioner, who owned a small motor transport establishment at Chiraya Tanr in Patna. Opposite Party No. 2 is the Assistant Labour Commissioner, Bihar, under Sec.28(1) of the Bihar Shops and Establishments Act, 1953 (8 of 1954), hereinafter referred to as the Act of 1954. Opposite Party No. 1 is the Presiding Officer, Industrial Tribunal, Bihar, appointed under Sec.28 of the same Act.

2. An application was filed by Harindra Dubey before the Assistant Labour Commissioner (opposite party No. 2) under Sec.28 (1) of the Act of 3954, claim-ins payment of arrears of wages against the petitioner, the amount being Rupees 1,610 plus a certain amount of compensation. It was registered as B. S. E. Case No. 14 of 1966, The claim was allowed by the Assistant Labour Commissioner by his order dated the 14th December, 1966, who directed the petitioner to make payment of Rs. 2,636 to opposite party No. 3. The petitioner filed an appeal against that order before the Industrial Tribunal, Bihar, who by its order dated the 16th of February, 1968, dismissed the appeal of the petitioner.

3. A preliminary object