( 1 ) HEARD the learned Counsel for the parties. The Government of Maharashtra in exercise of its powers vested by virtue of section 39 of the Industrial disputes Act, 1947 (hereinafter referred to as "the Act") notified that powers exercisable by it under sub-section (1) of section 10 and sub-section (5) of section 12 of the Act shall, in relation to the industrial Disputes Act, relating to disputes specified in the schedule, be exercised also by the Deputy Commissioner of Labour (Conciliation), Mumbai District office, Mumbai. In exercise of his powers the said officer, vide his order of reference dated 20th July, 2006 referred the alleged dispute between the petitioner and its workmen for determination to the Labour Court, Mumbai. The relevant part of the order of reference reads as under:

"now, therefore, in exercise of the powers conferred by Clauses (d) of sub-section (1) of section 10 and with section 12 (5) of the Industrial Disputes act, 1947 as delegated in the manner aforesaid, the Deputy Commissioner of Labour (Conciliation), Mumbai District Office, Mumbai is pleased to make a reference of the said dispute for adjudication of the Labour 1st Court, a