( 1 ) HEARD Mr. Vaidya in support of this petition. Ms. Gayatri Singh appears for respondent No. 3.

( 2 ) RESPONDENT No. 3 has raised a grievance with respect to the functioning of the petitioner-Union. He claims to be a member of the Union. A dispute arising out of his complaint was pending before the Deputy registrar of the Trade Union under the Trade unions Act, 1926. The officer gave an opportunity to the Petitioner-Union and as per the noting of November 29, 2004, the Union did not file any reply either in writing or orally. Ultimately, therefore, on December 3, 2004, he has issued a certificate under Section 28 (1) (A) of the Trade Unions Act referring the dispute to the adjudication of the Industrial court.

( 3 ) IT is this order which is under challenge in the present petition. Mr. Vaidya appearing for the Petitioner states that on an earlier date the Petitioner-Union had sought time to give further particulars. It was further submitted that the necessary papers and instructions should be sent to the Union at a particular address. All these requests were not being looked into and, therefore, this order of (sic) reference is bad.

( 4 ) MS. Singh has filed an affidav