ORDER

Hari Swarup, J. - The L. H. Sugar Factory Mazdoor Union has filed this petition challenging an agreement entered into between M/s. L. H. Sugar Factory and the Krantikari Mazdoor Union for reference of the matter in dispute to arbitration and for prohibiting the Regional Conciliation Officer, Bareilly to proceed with the arbitration. The petitioner has also asked for a writ to quash the order of the District Magistrate by which the Regional Conciliation Officer was nominated to arbitrate.

2. The contention of the petitioner is that the Krantikari Mazdoor Union was not a representative body and should not therefore enter into an agreement with the management so as to bind all the workmen. It is however, not necessary to decide this point at this stage as the necessary conditions for continuance of the arbitration have not yet 'come into existence.

3. Section 5-B of the U. P. Indus trial Disputes Act provides for voluntary reference of disputes to arbitration. Under clause (i) where any industrial dispute exists or is apprehended and employer and the workmen agree, the dispute can be referred to an arbitrator specified in the agreement. Clause (iii) provides for a copy of the arb