This is an application under Arts. 226 and 227 of the Constitution for a writ of mandamus against Opposite Parties Nos. 1 and 2 commanding them not to give effect to the Notifications No. GLR. 7/51/146 and GLR. 1/51/147 dated 28-8-1957, and to issue a writ of mandamus to Opposite Party No. 2 commanding him not to proceed with the Reference (being Reference No. 79 of 1957), as amended by the said notifications and to issue an appropriate writ quashing the said Notifications and to issue such directions to Opposite Parties No. 1 and 2 as to this Court might appear fit and proper.

(2) The facts giving rise to this application may be stated briefly as follows: The petitioner and one Sri Baidyanath Mookerjee are proprietors of a tea garden in the district of Cachar known as Eraligool Tea Estate, each owning a moiety share. For sometime past, the Indian Tea Employees' Union, Silchar (opposite party No. 3) had been agitating that the scale of pay as recommended by the Indian Tea Association, which is an Association of the employers in the tea gardens in the State, should be given effect to in all the gardens in the district of Cachar.

By Notification No. GLR. 1/51 dated 11-6-1937, the Assam Government, which will be here­after referred to as the State Government appoint­ed Opposite Party No. 2, as Presiding Officer of an Industrial Tribunal under S. 7A of the Industrial Disputes Act, 1947, for adjudication of the dis­pute referred to therein between the management of the tea gardens mentioned in Appendix I thereof, including the tea estate known as Eraligool Tea Estate, belonging to the petitioner and the said Sri Baidyanath Mookerji on the one hand and the Indian Tea Employees' Union, Silchar and the Assam Cha Karmachari Sangha, Dibrugarh on the other. This Notification was made in pursuance of the provisions of S. 10 of the Industrial Disputes Act, 1947, hereafter to be referred to as the Act, and the dispute referred to was as follows:

"(1) Whether the demand .of the staff for in­troduction of Indian Tea Association scale of pay is justified?

(2) If not, what should be the scale of pay for the staff?"

Thereafter, by Notifications No. GLR. 1/51/146 and GLR. 1/51/147 dated 28-8-1957, the State Government altered the reference by substituting in place of the dispute originally specified other issues different in scope and character. Copies of the said Notifications are annexed to the petition as Annexure "B." The former Notification is also annexed to the application as Annexure "A." By the subsequent Notification, namely GLR. 1/51/146 dated 28-8-1957, the following issues were substi­tuted in place of the issues mentioned in the pre­vious Notification:

"(1) Whether the demand of the staff for in-production of Indian Tea Association, Scale of pay, other allowances and benefits is justified?

(2) If not, what should be the scale of pay, etc. for the staff?

(3) From what date the scale of pay, etc. fix­ed by the Tribunal should be given effect to?

(4) What should be the quantum of bonus for the staff for the years 1953 and 1954?" By Notification No, GLR /1/51/147 dated 28-8-1957, some more parties were added to the Refer­ence.

(3) It is said that the Opposite Party No. 2, having registered the case as Reference No. 79 of :1957, is proceeding to adjudicate upon the issues referred to by the State Government and that wit­nesses are being examined and evidence is being led upon various matters outside the scope of the issues originally referred to the Tribunal by the Notification dated 11-6-1957, such as supply of cereals, personal allowance, leave with pay, travel­ling allowance, servant allowance, promotion, etc.

(4) On these facts, it is said that the State Government having issued the Notification dated 11-6-1957, referring the issues mentioned therein to the Tribunal, it had no jurisdiction to alter, amend or substitute the previous issues by adding to them or enlarging their scope by the subse­quent Notifications, as mentioned