U.N.Sinha, J.

1. This application has been filed by the petitioner under Article 226 of the Constitution of India, praying that his retrenchment by notice dated the 28th October 1969 (Annexure 1) may be quashed. There is a further prayer to the effect that the Labour Commissioner and the State of Bihar, who are opposite parties, may be directed to refer the petitioners dispute regarding his retrenchment for adjudication under Sec.10 read with Sec.12 of the Industrial Disputes Act, 1947 . [The second relief claimed in the writ application was not, however, pressed at the time of the hearing].

2. The relevant facts are as follows:-

- It is stated that the petitioner was appointed as a Helper in the Electrical Department of Barauni Oil Refinery in 1962. The Management had declared 955 workers as surplus, upon which an industrial dispute was raised by Barauni Tel Sodhak Mazdoor Union, and after some negotiation, the Management and the said Mazdoor Union referred their dispute for adjudication by Sri I. Prasad. Labour Commissioner, Bihar, under Sec.10-A of the Industrial Disputes Act, 1947 . It is stated that the petitioner was not a member of the said Mazdoor Union at that time