ANJANI KUMAR, J. - (1.) Petitioner by means of the present writ petition has challenged the reference order dated 16/07/1996 passed by the State Government by which the State Government referred the following dispute to be adjudicated upon by the Labour Court pending decision. (Vernacular matter omitted.)
(2.) On the aforesaid reference the petitioner filed this writ petition and this Court has been pleased to pass the following interim order dated 22/04/1997: "Pending motion hearing, let notice be issued to 3rd respondent who may file counter affidavit by the date fixed. In the meanwhile further proceeding in adjudication case No. 253 of 1996 pursuant to impugned reference dated 16/07/1996 shall remain stayed."
(3.) As a consequence of passing of the interim order the proceedings before the Labour Court are pending. The petitioner-employer has raised the objection that since the order of reference itself refers the dispute with regard to 112 employees, the matter could not and should not have been referred to the Labour Court as the number of employees is more than 100. The petitioner raised this objection also before the Labour Court but instead of waiting the decision of the Labour Court, petitioner-employer rushed up to this Court and obtained the interim order, as a result of which the proceedings are pending.;