Judgment

GUPTA, J.:- In this appeal by special leave the only question for determination is whether the dispute referred by the Deputy Labour Commissioner, Uttar Pradesh, on May 17, 1958 to the Labour Court at Meerut under Section 4-K of the U. P. Industrial Disputes Act, 1947 was really an industrial dispute. The question arises on the following facts. The third respondent, Summera, (hereinafter referred to as the respondent) an employee of the appellant company, was dismissed from service on August 22, 1955. It appears that before the impugned order of reference was made to the Labour Court, the Government of Uttar Pradesh had by an order dated January 7, 1957 referred the dispute concerning the dismissal of respondent Summera to the Regional Conciliation Officer, Agra, for adjudication in exercise of powers conferred by sections 3, 4 and 8 of the said Act. The opening words of that order were : "Whereas an industrial dispute ...... exists between the concern known as M/s. Mathura Electric Supply Co. Ltd. Mathura, and its workman Shri Summera .................". The description of the dispute in this order as one between the company and an individual workman prompted the Company t