( 1 ) THE petitioner-Bank has challenged the order of Certifying officer purporting to be exercising his power under the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as the said Act) claiming that the said Act does not apply to the petitioner-Bank. if that is so, clearly the order of said certifying officer shall be without jurisdiction and therefore, of no effect.

( 2 ) FOR this purpose, the learned Advocate Shri Clerk appearing on behalf of the petitioner-Bank has referred to Sec. 1 (3) of the Act to show that the Act applies to "industrial Establishment". He submitted that the petitioner-Bank is not an "industrial Establishment" as defined by the Act. We have, therefore to turn to definition of clause 2 (e) contained in the said Act where Industrial Establishment Act has been defined and for this purpose we may confine ourselves to sub-clause (i) which reads as under :" (I) an "industrial establishment" as defined in clause (ii) of Sec. 2 of the payment of Wages Act, 1936".

( 3 ) IT is not in dispute between the parties that no other sub-clause is relevant for the present purpose and the Bank can fall if at all in sub-clause (i) of t