( 1 ) THIS Rule raises a fundamental question under the West Bengal Bargadars Act, 1950. It was contended that a Conciliation, Board established under the Act or an Appellate Officer appointed under it, was not a 'tribunal' within the meaning of Article 227 of the Constitution and therefore this Court had no jurisdiction under the Article to interfere with a decision of either of those authorities. The Rule was issued under Article 227 and is directed against certain orders passed under the Bargadars Act.

( 2 ) IF We could accept the contention as correct, it would obviously be unnecessary to proceed further and refer at all to the facts of the case. But as, in our opinion, the contention is not sound, it is necessary to state the facts.

( 3 ) THE opposite party is an inhabitant of village Sudhangsupur in the District of 24 Parganas and the petitioner is a Nayeb in the employment of the Sir Daniel Hamilton Estate which owns an extensive area of 'khas' lands in the locality. On the 16th April, 1950, the opposite party made an application to the Goseba Bhagchas Conciliation Board in which he stated that the petitioner had declined to allow him to continue his cult