1. THIS appeal is by the State of West Bengal and it is directed against the judgment end order dated 28th July, 1971, passed by Sankar Prasad Mitra, J. (as he then was) in an application under Art. 226 of the Constitution, holding that section 2a of the Industrial Disputes Act, 1947, read with section 10 of the said Act is void and illegal as it offends against the provisions of Article 14 of the Constitution, upon the view, that the power that the appropriate government enjoys under section 10 of the said Act, results in discrimination when applied to cases coming within the scope of section 2a.

2. ON the 20th May, 1970, by a letter, the respondent No. 1-June and June Goods Buffer Stock Association, a trade Union registered under the provisions of the Indian Trade Union Art, 1926, terminated the services of the second respondent, Mrinal Kanti Bhowmick, a clerk in the employ of the first respondent, with effect from 13th June, 1970. Thereafter, the second respondent approached the Secretary to the employer for reconsideration of the matter and recall the order of termination served upon him. The Secretary, however, did not accede to accept the proposal. On or about 13th J