1. IN this Writ petition the Petitioner Rallis India Limited (hereinafter called the Company) has invoked the jurisdiction of this Court under Art. 226 of the Constitution to quash the decision dated 24/4/1981 of the 4th industrial Tribunal, West Bengal that the respondent No. 3 Sri M. M. Kundu was a workman of the Company and the subsequent order Nos. 31 and 32 dated 10/8/1961 by which the Tribunal rejected the company's prayer for adjournment and heard the case ex parte to make the Award.

2. THE respondent No. 3 Sri Kundu was appointed as a clerk under the Company in april, 1943. He became a Commerce Graduate in 1948. He was promoted to supervisory cadre on 1/12/1955 (Exts. 2 and 3) He signed the service agreement dated 15/11/1967 (Ext. 1). Sri kundu worked in the Accounts Department of the Company's Howrah factory for about two years from 1974. He signed vouchers (ext. 5) in the absence of the Factory Manager and pay sheets (ext. 6). He was not a party to the settlement dated 19/7/1974 between the Company and the staff Union (ext. 4) as he belonged to the supervisory grade. Sri Kundu was transferred to the calcutta Regional Office of the Company on 25/4/1977 and posted