Dipak Misra, C.J.

1. In this intra-Court appeal, the defensibility of the order dated 23.3.2011 passed by the learned Single Judge in W.P.(C) No. 7585/2007 is called in question.

2. The Appellant - writ Petitioner (hereinafter referred to as "the Appellant") has invoked jurisdiction of this Court under Articles 226 and 227 of the Constitution of India for issue of a writ of certiorari for quashment of the order dated 5.9.2007 passed by the Joint Secretary, Ministry of Labour, whereby the Central Government has constituted a National Industrial Tribunal (tribunal for short) as enshrined under Section 7B of the Industrial Disputes Act, 1947 (for brevity 'the Act') and referred the dispute to the tribunal for adjudication of the dispute raised by more than 200 shop managers of the Appellant-company represented by All India Bata Shop Managers Union, the Respondent No. 2 herein, on many a ground.

3. Be it noted, the learned Single Judge adverted to a number of facets and came to hold that the decision rendered by the learned Single Judge of this Court in FDC Ltd. v. UOI and Ors. 2007 (1) CLR 706 does not lay down the correct exposition of law and eventually expressed the view that