B. Bhattacharya, J. - (1.) In this writ application, Indian Institute of Technology, Kharagpur ("Institute") an authority incorporated under the Indian Institute of Technology (Kharagpur) Act, 1956 and at present governed by the Institute of Technology Act, 1961 has challenged a reference under Section 10 of the Industrial Disputes Act, 1947 by the State Government to the Industrial Tribunal.
(2.) The following disputes have been referred to the Tribunal "i) Whether the dismissal from service of one Nirmal Kumar Chanda by the Management of the Indian Institute of Technology, Kharagpur is justified? ii) What relief, if any, is he entitled to?"
(3.) Without filing any written statement before the Tribunal, the petitioner has straightaway come up with the instant writ application thereby disputing the validity of the reference itself on the grounds that the Institute is not an industrial establishment, nor is the concerned employee a workman within the meaning of Industrial Disputes Act. The petitioner has further submitted that appropriate Government within the meaning of the aforesaid Act is not the State Government but the Central Government and as such the reference was incompetent.;