- (1.) RAKESH Tiwari, J. Heard Counsel for the petitioner and the Stand-ing Counsel,
(2.) THIS writ petition has been filed challenging legality andcorrectnessofthe order dated 12. 9. 2007appendedasannexure-1 to the writ petition. By the aforesaid order, the Deputy Labour Commissioner, Mirzapur Region, Pipri, Sonbhadra is claimed to have illegally superseded the previous refer-ence and amendment made in the reference order dated 8. 4. 2008 by the Labour Commissioner in the garb of amending aforesaid reference order. It appears that preyious reference order has been amended by the Dy. Labour Commissioner by deleting the name of M/s A. B. C. Limited and in place thereof name of M/s. A. B. C. Export, which is a partnership concern, has been substituted.
(3.) CONTENTION of the Counsel for petitioner is that the aforesaid order dated 8. 4. 2008 passed by respondent No. 3 is without any basis for the reasons : (a) that establishment of the petitioner M/s. A. B. C. Export is situated at Imalaha, Mirzapur which was closed with effect from 1. 4. 2004 and closure jiotjce is also appended as Annexure-3 to the writ petition; (b) that an industrial dispute was raised by the workman-respondent No. 5 against (1) M/s. A. B. C. Limited, and (2) M/s A. B. C. Limited Kray Kendra and not against the petitioner; (c) that the petitioners in their reply to application of respondent No. 5 filed an objection beforethe Regional Conciliation Officeron 26. 4. 1999 spe-cifically averring that the petitioner has no concern or relation with M/s A. B. C. Limited or M/s. A. B. C. Kray Kendra and that dispute between the petitioner and aforesaid concern has no nexus with the partnership firm of petitioner M/s. A. B. C. Export; and (d) that the workman has no relation with any of the parties named in the application and that inspite of objections, the workman did not amend his application under Section 2-A before Regional Conciliation Officer impleading 'the petitioners and if they were in fact his employers, he ought to have amended his application at that stage. It is stated that on reference, summons were wrongly sent by the labour Court at the petitioners' address tnough M/s. A. B. C. Limited and M/s. A. B. C. Kray Kendra have different address than the petitioner, as such the petitioner filed objections before the labour Court interalia that petitioner is neither named in the reference order nor has any relation with the workman in the case.;