( 1 ) THE petitioners (the second petitioner is a director of the first petitioner) in this writ petition dated August 20th, 1991 are questioning the order of the second respondent (The Second Industrial Tribunal, west Bengal) dated March 26th, 1991 rejecting two applications dated August 19th, 1989 - one of the first petitioner and the other of one M/s. Swaika Oil mills (a Hindu Undivided Family) - both filed for setting aside the ex parte award pronounced by the Tribunal on June 12th, 1989.

( 2 ) M/s. Swaika Oil Mills was not a party in the writ petition. It took out an application dated July 13th, 2006 for its addition in the case as a respondent. It has filed a supplementary affidavit stating that it has no intention of questioning the award, if it is added in the case as a respondent. That application is pending. I think on the facts I am going to narrate presently it will be appropriate to add swaika Oil Mills as a respondent in the writ petition. Hence I dispose of its application (CAN No. 5158 of 2006) ordering that it shall be deemed to be added in the writ petition as the fourth respondent. Advocates for the parties and the department concerned