JUDGMENT

G.N. Ray.J.-Leave granted.

Heard learned counsel for the parties.

2. This appeal is directed against the judgment dated August 9, 1994 passed by the Division Bench of Bombay High Court in Appeal No. 460 of 1994 reversing the order dated June 22, 1994 passed by the Single Bench of the High Court in writ Petition No. 1446 of 1994.

3. By the impugned order, reference to the Industrial Tribunal under Section 25(O)(3) read with Section 10(1) of the Industrial Disputes Act made by the Industires. Energy and Labour Department, Government of Maha-rashtra. On April 7, 1994 was set aside.

4. It appears that the appellant, a Company incorporated under Indian Companies Act had an Unit at Andheri, Bombay. According to the Company, the said unit became a heavily losing business venture for reasons beyond the control of the Company and the said unit started incurring losses from the year 1991-1992. The loss suffered by the said unit was to the tune of Rs. 29.20 lakhs. The factory of the appellant-Company and Andheri was closed since November 3, 1992 and since thereafter, on manufacturing activity has been carried on in the said unit.

5. It is the case of the Company that it had employed 774