JUDGMENT - V.S. Deshpande, J.:---In this petition under Article 226 of the Constitution, the petitioners challenges the order of the Deputy Commissioner of Labour refusing to make reference with regard to the dispute raised by the petitioner and the Union in regard to his reinstatement and back-wages.

2. The petitioner was employed as a workman with respondent No. 1. On 8-5-1975 a show cause notice was served on him in regard to certain acts of misconduct. Charges were framed on 9-5-1975 and 11-5-1975. On 16-5-1975 the petitioners was informed that an enquiry will be held into the charges by one Dholaklia on 22-5-1975. It appears that all the workmen employed by the employer went on strike against his act of holding enquiry by the employer against the petitioner. On 22-5-1975 the petitioner did not appear at the enquiry. The Enquiry Officer recorded evidence of the witnesses produced before him and submitted his report to the employers. On the strength thereof, dismissal order was passed on 20-6-1976. The Union raised a dispute with regard to his dismissal claiming reinstatement and backwages. As there was no response from the employer, the Canciliation Officer was approached by the

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