The Industrial Tribunal (Shri Roop Chandra) on the rival contentions of the parties, raised the following issues: "ISSUES "1) Is there any agreement between the Company and its workmen through the Hindustan Lever Mazdoor Sabha that all matters relating to members of the field force would be dealt with by both the parties in Bombay on an all India basis and that if no settlement is reached, the dispute would be raised in Bombay in accordance with the ? 2) Does the said agreement prevent the workmen in this case from raising the dispute in Delhi ? 3) Are the employees concerned not 'workmen ' within the meaning of the term under the ? If so, has the tribunal no jurisdiction ? 4) Whether workmen have committed a breach of the agreement alleged to have been entered into between the management and the union in 1957 and if so, is the 319 management not entitled to raise the plea that the salesmen are not 'workmen ' within the meaning of . ?" It would thus appear at a glance that it was the employer who wanted the reference to be rejected on the preliminary objection that there was a valid subsisting concluded agreement between the parties which had a direct bearing on the industrial dispute involved in the reference and that because of the agreement and as a necessary corollary of the agreement the Tribunal had no jurisdiction to entertain the dispute.