1. THIS Rule is directed against an order of the Fifth industrial Tribunal, West Bengal, under section 33a of the Industrial disputes Act, 1947 (hereinafter referred to as the Act). The petitioner was an inspector in charge of the respondent No. 4, Messrs. Bengal Ingot Ltd. (hereinafter referred to as the company). At all material times, the petitioner was a leading and active member of the union of the Company and was elected as the Joint Treasurer of the Union in the year 1967. On or about October 16, 1967, the company served a charge-sheet upon the petitioner in which it was, inter alia, said that the charges mentioned in the charge-sheet if proved, would amount to major misdemeanour according to the standing order of the company. The company appointed an enquiring officer for enquiry into the charges against the petitioner. The petitioner did not appear at the said enquiry and defend himself against the charges. The enquiry was held ex parte. In the meantime, the Union approached the Management with a settlement. The petitioner raised an objection to the effect that the Union had no jurisdiction to come to a settlement regarding the petitioner. It also appears that the