ANIRUDDHA BOSE, J.

1. IN this writ petition, the petitioner, a limited company has challenged an order passed by the learned Judge, Second Labour Court, Kolkata, allowing an application filed by the workman, being the respondent no. 5 for impleading the writ petitioner as a party to a subsisting proceeding pending before him. The respondent no. 5 was appointed by Jagatjit, Industries Ltd. (JIL) being the respondent no. 4 1 as a sales promotion representative with effect from March 22, 1994 Subsequently, there was an arrangement between the writ petitioner and JIL for transfer of two brands of JIL to the writ, petitioner, being Viva and Maltova. By an' agreement executed on February 8,2000 which was termed as "Secondary selling amerchandizing agreement" an arrangement between the petitioner and JIL was entered into,. under which the latter agreed to render' professional services in secondary selling of products under these two brands. The case of the writ petitioner is that under the said agreement, employees of JIL were to remain, with JIL only, and they were not taking up any obligation under the agreement in respect of the employees of JIL.

2. THE respondent no. 5 had rem