( 1 ) PETITIONER is aggrieved by an order of the Industrial tribunal dated 15. 3. 1999 rejecting application of the petitioner for framing of additional issue and for treating the same as a preliminary issue in respect of the jurisdiction of the reference itself to the Industrial Tribunal. It is the contention of the petitioner that it is the Central Government and not the State Government which is the Appropriate Authority to make the reference.

( 2 ) IN terms of the impugned order the Tribunal has not decided this controversy on merits but has come to the conclusion that the filing of the application was an attempt on part of the petitioner to unnecessary delay the proceedings.

( 3 ) IT is observed in me impugned order that the petitioner continued to participate in the proceedings and only an adverse order was passed against them on 11. 9. 1997 that they came up with request vide application dated 10. 10. 1997 that they be allowed to held a fresh enquiry into the charges against respondent No. 3 workman which was turned down on 19. 8. 1998 and the case was fixed for evidence. Thus it has been found that the application has been filed only to delay the proceedin