R. S. Narula, J.

1. The management of Goodlass Nerolao Paints (Private), Ltd. (hereinafter referred to as the employer), has filed this petition under Article 226 of the Constitution to quash the order of reference dated 3/9 August 1963, made by the Chief Commissioner, Delhi (respondent 1), under Sec.10 (1) (d) of the Industrial Disputes Act, 1947 (hereinafter called the Act), and to set aside by a writ in the nature of certiorari or by other appropriate direction the award of the industrial tribunal, Delhi (respondent 2), dated 30 August 1965, published in Delhi Gazette, dated 14 October 1965, directing reinstatement of Bansi Lal, respondent 3.

2. The facts giving rise to the filing of the petition are these. Bansi Lal, respondent 3 (hereinafter called the contesting respondent), was employed as a salesman by the employer in April 1953. He was confirmed as such on 20 July 1953. It is claimed by the employer that in his capacity as a salesman the contesting respondent was not a workman within the meaning of that expression in the Act. According to the employer the services of the contesting respondent as a salesman were brought to an end with his consent in July 1961, and t