1. SOMNATH IYER, J.-The Industrial Tribunal in this case rejected a reference under the Industrial Disputes Act when the representative of the workmen withdrew from it.
2. In an application 'made by the workmen to the Tribunal for a disposal of the reference on its merits, they asserted that the representative had no authority to withdraw from it. -But, on the ground that the award bad been submitted to Govern--ment, the Tribunal declined to make a decision on that applica--tion. That was what the Tribunal said on the application presented by the workmen who called it a review petition, although their application in effect was one in which they requested the Tribunal to set aside the order by which the reference had been rejected and to hear the reference on its merits.
3. We are of the opinion that the Tribunal should have decided the application presented by the workmen on its merits. It is not within its powers to decline to make that adjudication merely on the ground that it had submitted the award to Government. In that situation, we direct the Tribunal to here the applica--tion presented by the workmen on its merits. If it comes to the conclusion there was no authority in the representative to withdraw from the reference, we direct it to set aside its award and to hear the reference on its merits.
4. The Tribunal will now proceed with the matter as directed by this order.
5. No costs.