( 1 ) OF the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), made a reference to the Additional Labour Court, Bangalore for adjudication on the following points of dispute:"1) Is the management justified in terminating the services of the following workmen with effect from 20-4-1979? 1. A. Vittal Rao 2. S. Fazalulla 3. K. Suryanarayana 4. K. Mahaboob Khan 5. H. M. Ananda Rao 6. B. S. Shankar 7. H. A. Khuddus and 8. B. K. Natha Rao2) If not, to what relief the workmen are entitled?"

( 2 ) ON receipt of the above reference, the Additional Labour Court has registered the same in reference No. 7/1981 and issued notices to both the parties. In obedience to the notices, the parties have appeared and filed their respective claim statements.

( 3 ) A preliminary objection was taken by the petitioner M/s. Hinduja Casuals as to the maintainability of the reference on the ground that the workmen mentioned in the order of the reference were not its workmen and therefore, there was no relationship of employer and employee between the parties.

( 4 ) THIS contention of the petitioner was accepted and the Labour Court has rejected the reference without going t