Narula, J.

1. On 14th April, 1962 Bhola Nath (hereinafter referred to as the employee) an employee of the Oswal Weaving Factory, Amritsar hereinafter called the employer) was dismissed from service. The Textile Mazdoor Ekta Union, Amritsar (which I will call in this judgment " the Union ") addressed a notice of demand dated 5-5-1962 (copy annexure A to the writ petition) to the employer in which three demands were made. We are, however, directly concerned in this case with demand No. 2 which was in the following terms :

" Shri Bhola Nath son of Dwarka Das has been turned out without notice since 14-4-62 and he has not been put on work. It is therefore demanded that Shri Bhola Nath should be reinstated on the old job on old conditions of service and he should be paid the compensation from 14-4-1962 till has reinstatement."

2. Copy of this demand notice was docketed to the Conciliation Officer, Circle I, Amritsar. The demand was not met by the employer. Conciliation proceedings under the Industrial Disputes Act (14 of 1947) as thereafter amended (hereinafter referred to as the Act) resulted in a failure. The Conciliation Officer thereupon reported the failure of the proceedin