JUDGMENT

A. Banerji, J. - This writ petition has been filed by Cotton and Woollen Textile Workers' Union, Colonelganj, Kanpur, representing some thirty-four workers against the award of the Labour Court, Agra, dated 20 December 1975, arising out of Adjudication Case No. 274 of 1972.

2. Dulare Singh and thirty-three other petitioners were employees working at Kamla Retreat, Kanpur, as gardeners, bearers, cleaners, wireman, fitter, mason and coolies. Kamla Retreat, Kanpur, according to the respondents, is a guest house of some of the J. K. (Juggilal Kamlapat) Group of Industries. These employees claim parity with the employees of the other J. K. Group of Industries. They alleged that they receive very low wages, no dearness allowance as admissible to other workmen employed by the J. K. Group of Industries and were deprived of the benefits of provident fund, gratuity, employees' State insurance, pay and weekly holidays. Further two workmen, Nasir and Ram Ratan, had been dismissed illegally. A conciliation proceeding was initiated but failed. The State Government thereafter referred a matter for adjudication under Section 4K of the Uttar Pradesh Industrial Disputes Act, 1947, by its order, dated 12 September 1972, before the Labour Court, Agra. Before the Labour Court the workmen prayed that they be treated as workmen of J. K. Cotton Spinning and Weaving Mills Company, Ltd., Kanpur, or of J. K. Synthetic, Ltd., Kanpur, and they should be allowed facilities of provident fund, gratuity, employees' State insurance, payment of wages including dear food allowance, leave with full facilities along with Sunday rest which were admissible to the workmen engaged at the mills with effect from 1 April 1971. The workmen also prayed to the Tribunal that it should hold that Nasir and Ram Ratan, whose services had been terminated illegally and unjustifiably, be entitled to be reinstated with continuity of service and full wages for the intervening periods or be given a direction to J. K. Synthetic, Ltd. Kanpur, to reinstate these workmen. Written statements were filed by J. K. Cotton Spinning and Weaving Mills Company, Ltd., Kanpur and J. K. Synthetic, Ltd., Kanpur. The workmen also filed their written statement.

3. The questions referred to the Labour Court for adjudication were :

Firstly, whether the workmen were entitled to the benefits admissible to the workers of other concerns ? If so, from what date and with what benefits.

Secondly, whether the action of the employers in dismissing Nasir and Ram Ratan was proper and legal and if so, to what benefits they were entitled and who was liable to pay the same.

Subsequently, on behalf of respondents 2 and 3 an application was moved seeking amendment of the written statement and praying for framing of preliminary issue. After contest this application was allowed and three additional issues were framed. These were:-

(i) Whether the Cotton and Woollen Textile Workers' Union were competent to raise the matter of dispute as the workers in the instant dispute were not its members ? If so, its effect ?

(ii) Whether the matter of dispute is an industrial dispute as the workers in the concern do not have an interest in the dispute and the dispute itself has not been raised properly by its workmen nor the union ? If so, its effect?

(iii) Whether the order, dated 12 September 1972, as mentioned in the written statement of management is bad in law ? If so, its effect ?

4. The plea on behalf of the respondent, J. K. Cotton and Spinning Mills (hereinafter referred to as the Cotton Mills) was that Kamla Retreat does not run any industry and as such the workers of Cotton and Woollen Textile Workers' Union were not competent to raise a dispute on behalf of the workmen concerned. There was no relationship of master and servant between the Cotton Mill and the concerned workers the matter in dispute was not an industrial dispute as the workmen concerned were not the workmen of the Cotton Mills and the question of services o