This is a petition under Article 226 of the Constitu­tion by the River Steam Navigation Company Limited and India General Navigation and Railway Company Limited for a direction in the nature of a writ of certiorari or manda­mus, quashing the Notification issued by the State Gov­ernment under Section 10 of the Industrial Disputes Act, 1947 (Act XIV of 1947), dated the 4th November, 1961. The petitioners have further prayed for a writ in the nature of mandamus restraining the Opposite parties NOS. 1 to 4, viz., the Presiding Officer, Labour Court, Assam, the workmen (numbering 70) of Karimganj Railway Siding Ghat, P. 0. Karimganj, represented by R.S.N. and I.C.N. Railway Co., Ltd., Workers' Union, Cachar Branch, P. 0. Karimganj, Sri Rampratap Singh and the Stata of Assam.

(2) Sri Rampratap Singh (Opposite party No. 3) em­ployed various persons for handing cargo at the Karim­ganj Railway Siding Ghat. The petitioners, River Steam Navigation Co., Ltd., and India General Navigation and Railway Co., Ltd., hereinafter called the Steamer Companies, carry on business as carriers for reward within the juris­diction of this Court and the petitioners' case is that Sri Rampratap Singh is acting as their Labour Contractor since May, 1959 for Karimganj Railway Siding Ghat.

(3) On the 30th May, 1956, the State Government By a Notification referred certain disputes between the workmen of Karimganj Steamerghat, represented by Karimganj Dock Mazdoor Union to Sri Radhanath Hazarika, who was then the Judge of the Industrial Tribunal. In this reference the other party was S. C. Dutta, who was then the con­tractor employed by the present petitioners under an agree­ment dated the 31st August, 1938. Broadly, the matters, which were referred to the Judge of the Industrial Tribunal for adjudication referred to maundage rates of handling charge, housing and medical facilities, leave rules to which the workers claimed to be entitled, and also the arrange­ment, if any, that should be made by the contractor for the improvement of housing and medical facilities. The Judge, Industrial Tribunal, issued notice to the present petitioners. They protested against the issue of the notice on the ground that they were no parties to the reference and as such the Tribunal had no right to require them to file any written statement. The Tribunal accepted this contention.

In the meantime, on the 30th June, 1956, S. C. Dutta died and his son, Sunirnal K. Dutta was appointed as the Contractor by the present petitioners. On the 16th July, 1956, the Joint Secretary of Karimganj Dock Mazaoor Union wrote to the Labour Officer, Cachar, suggesting That the workers, who were employees of the prssent petitioners should be directly employed by them and not by Contracter.

There were conciliation proceedings arising out of this letter to the Labour Officer, in which the present peti­tioners did not participate. Meanwhile, on the 11th August, 1956, a fresh notification was issued by the State of Assam amending the earlier notification and adding the management, i.e. the present petitioners as the second party to the dispute. Subsequently, another Notification was issued on the 4th September 1956, by which me following issue No. (e) was added to the reference, this issue reads as follows:

"(e) Is the Union justified in its demand for abolition of the post of Labour Contractor and direct employment of workers by the Company?"

This Notification was challenged by means of a peti­tion under Article 226 of the Constitution. The matter came up before a Division Bench of this Court and the Bench on the 18th July, 1957 upheld the Notification, we shall have to deal with this case in greater detail at a later stage. Thereafter, the matter went up to the Judge, Industrial Tribunal. In the meantime, as Sri Radhanatn Hazarika had ceased to be the Judge of the Industrial Tribunal, the matter came up before Sri Ram Labhaya, who was then the President of the Industrial Tribunal. It should be