S.C. Ghose, J.

1. This appeal arises out of a judgment and order dated December 6, 1977 passed by Sabyasachi Mukharji, J. By and under the said order Sabyasachi Mukharji. J, discharged the Rule Nisi obtained by the appellant under Article 226 of the Constitution and vacated all interim orders that were paned in the said proceedings. The facts giving rise to the moving of the said application under Article 226 of the Constitution by the appellant are set out hereunder.

2. The appellant carries on business of banking at various places in India including at no. 19, Netaji Subhas Road, Calcutta.

3. Approximately, 1750 workmen are employed in the different branches of the appellant in Calcutta. Almost all of the said workmen are the members of the recognised union of the workmen of the appellant "National & Grindlays Bank Employee Union." The respondents nos. 5 to 17, were at all material times employed by the officers of the appellant as their Drivers. The respondent no. 3 the Commercial Establishment Employees Association (hereinafter referred to as the said Association) although never had anything to do with the appellant and none of the workmen of the appellant, was a member of