( 1 ) THIS is an appeal from a judgment and order of Banerjee J. dated December 19, 1949 dismissing an application for a 'mandamus' or a writ of 'certiorari'.

( 2 ) THE appellants are a limited company who manufacture soda water and on January 3, 1947 they entered into an agreement with the Governor General in Council acting through the Chief Commercial Manager of the East Indian Railway Administration in Calcutta by which they secured the catering rights of providing mineral waters on the East Indian Railway system. By the agreement, they acquired a right to sell their mineral waters on the stations of the East Indian Railway and on the trains running on that railway and under the contract the Government had a right to fix maximum prices and to control to some extent the work of the appellants.

( 3 ) A trade dispute occurred between the appellants and their workmen and the Government of West Bengal by its order dated December 28, 1948 referred this dispute for adjudication by Mr. P. K. Sarkar. An application was made to this Court for a writ of 'mandamus' or 'certiorari' on the ground that this was a dispute which could not be referred for adjudication by the Gov