( 1 ) ). This petition under Art. 226 of the Constitution of india requires an interpretation of sub-sec. (5) of Sec. 25-O of the Industrial disputes Act, 1947 (hereinafter referred to as the Act ). The petitioner also seeks to challenge the vires of sub-sec. (3) of the said Section.

( 2 ) ). The facts leading to the present petition are as follows : The respondent No. 1 herein is the Vice-President of Packart Press, a Division of Ambalal Sarabhai enterprises Ltd. (hereinafter referred to as company or employer ). The second respondent is the Commissioner of Labour and Specified Authority of the appropriate government under Sec. 25-O of the Act. Respondent Nos. 3 and 4 are State of gujarat and Government of India respectively. The petitioner is a trade Union representing the workmen working in the said Packart Press. Respondent No. 1 company prints the necessary packing materials and supplies the same to Ambalal sarabhai Enterprises Ltd. , which is its parent company. The Packart Press is stated to be employing about 150 workmen. For various reasons the first respondent company was not in a position to carry on its business and, therefore, preferred an application