( 1 ) AFFIDAVIT filed today be taken on record. 1 An alleged industrial dispute was raised before the Conciliation Officer for adjudication thereof. On the report of the Conciliation Officer, the state Government had formed an opinion that the alleged dispute was not fit for reference under section 10 of the Industrial Disputes Act, 1947. This has been challenged in a writ petition, since dismissed, being W. P. No. 8194 (W) of 2004 by or under judgment and order dated 7th December, 2004. This appeal arises out of the said decision.

( 2 ) THE learned Counsel for both the parties, while addressing the Court on the application for stay, addressed on the merit of the appeal. In the circumstances, having heard the learned Counsel for the respective parties at length, we feel that while disposing of the application for stay, nothing remains to be decided in the appeal. Therefore, the appeal, by consent of the parties, is treated as on day's list for hearing and is taken up along with the application for stay and is being disposed of as hereafter. Appellants' contention: 2. The main thrust of the contention of Mr. Supriya Chattopadhyay, the learned Counsel for the appella