JUDGMENT :

S.C. GUPTE, J.

1. Heard learned Counsel for the parties. Rule. Rule taken up for hearing forthwith, by consent of Counsel.

2. This writ petition challenges an order passed by the Assistant Commissioner of Labour, purporting to holding charge of Additional Commissioner of Labour. The impugned order is passed under Section 25-M of the Industrial Disputes Act, 1947 (Act). The Petitioner herein, who is an employer, applied for permission of the State Government, as an Appropriate Government, for lay-off. The application was made in the prescribed manner stating reasons for the intended lay-off and a copy was served on the workmen concerned. The workmen appeared and showed cause through their union. The Deputy Commissioner of Labour, Respondent No. 2 herein, passed an order. By his order dated 31 July 2019, the Commissioner refused to grant permission under Section 25-M for the proposed layoff. This order is the subject matter of challenge in the present petition.

3. Though the challenge is on various grounds including merits of the order, the main ground of challenge, which goes to the root of the matter, is the authority or power vesting in Respondent No. 2 to hear and decide a