( 1 ) THIS is an appeal from a judgment of Bhargava J. dated 20-1-1955, dismissing a petition under article 226 of the Constitution. The circumstances in which the petition was filed can be stated shortly.

( 2 ) ON 8-11-1949, one G. E. Arratoon was appointed a general assistant on probation by the upper Ganges Valley Electricity Supply Co. Ltd. , the first respondent. On 3-4-1951 Arratoon was dismissed by the respondent company with effect from 1-6-1951. Arratoon had however in the meantime become a member of the appellant Union which took up his case and, on 16-4-1951, applied to the Regional Conciliation Officer for a settlement of the dispute which had arisen in regard to his dismissal. The Regional Conciliation Officer was not able to effect a settlement and he accordingly reported the matter to the State Government which by a notification dated 5-12-1951, referred to the State Industrial Tribunal the following questions: whether the services of Sri G. E. Arratoon have been wrongly terminated? If so, to what relief, if any, is he entitled?

( 3 ) BEFORE this Tribunal the respondent company contended that there was no industrial dispute as Arratoon was not a workman b