(1) THE legality and/or validity of the reference of an industrial dispute to the 8th Industrial Tribunal made by the Government of West Bengal vide order dated 25th/27th January, 2006 is under challenge in this writ petition.

(2) THE respondent No. 5 is a workman employed in the company of the petitioner which is engaged in business of hire purchase and financing vehicle having its registered officer at Calcutta. The service condition of the respondent no. 5 provides that his service is liable to be transferred to any other department of the company at the headquarters or at the factory or at regional and/or branch office and/or, vice versa, and/or any other concern connected with the company or its directors.

(3) IN November, 2003, disciplinary proceeding was initiated by the petitioner against the said respondent on the various charges of his misconduct. The said respondent was placed under suspension in connection with the said disciplinary proceeding.

(4) A domestic inquiry was also held for inquiring into the charges levelled against the said respondent. After holding an inquiry, the Inquiry Officer submitted his report, to the management holding the said respondent as guilty of the charges.

(5) ON consideration of the records of inquiry, the management of the petitioner company passed an order of transfer on 17th February, 2004 whereby the said respondent was transferred to its sister concern at Ahmedabad.

(6) THE said respondent, however, did not report for joining his duties at ahmedabad in pursuance of the order of transfer which became effective from 20th February, 2004.

(7) THE respondent No. 5 neither expressed his dissatisfaction against the said order of transfer, nor raised any dispute with his employer concerning the said order of transfer. The other workmen of the petitioner company also did not take up the cause of transfer of the said respondent with the employer, viz. , the petitioner herein.

(8) THE petitioner claims that since the relationship between the employer and the workmen in the petitioner company is very cordial, there is no union activity in the company of the petitioner. The petitioner further claims that not a single workman of the petitioner company is a member of any union. It is further alleged by the petitioner that there is no existence of any union of the workmen in the petitioner company.

(9) ONE Pharmaceuticals and Chemicals (Small Scale and Distributing)Employees Union, the respondent No. 4 herein, by its letter dated 19th February, 2004, raised an industrial dispute relating to the said order of transfer dated 17th February, 2004 by which the respondent No. 5 was transferred to Ahmedabad by alleging that the said order of transfer is not only a punitive one but also glaring product of unfair labour practice and a clear case of victimisation also. By the said letter the said respondent requested the Assistant labour Commissioner, Labour Department, Government of West Bengal, to intervene into the matter. The said letter is annexed to the writ petition being annexure- p-6 therein.

(10) ON receipt of the said letter, a notice was served by the said Assistant labour Commissioner inviting the petitioner for conciliation of the dispute with the said union, viz. , the respondent No. 4 herein.

(11) THE petitioner refused to participate in the conciliation proceeding by challenging the authority of the said union to raise such a dispute before the conciliation Officer. The petitioner in its letter dated 30th March, 2004 categorically mentioned that the petitioner company has no concern with Calcutta Pharmaceutical (Small Scale and Distributing) Employees Union. The locus of the said union to raise such a dispute representing the workman of the petitioner company was specifically challenged by the petitioner in the said letter.

(12) BUT the said dispute regarding the locus of the said union to represent the respondent No. 5 was not considered by the Conciliation Officer in