H.K. Rathod, J.—Heard learned Advocate Mr. Kunal Nanavati for Nanavati Associates for the petitioner,

2. Through this petition under Article 221 of the Constitution of India, petitioner is challenging the order below Exhibit 13, Annexure A, page 15 dated 15.02.2008 passed by the Labour Court, in Reference (LVC) No. 1060 of 1998 wherein the labour Court has dismissed the application Exhibit 13 made by the petitioner before, the labour Court.

3. Learned Advocate Mr. Nanavati for the petitioner submitted that the application has been made by the petitioner stating that the Reference (LVC) No. 1060 of 1998 is bad in law on the preliminary issue and it has been contended that such contention was raised in written statement filed vide Exhibit 7 and document vide Exhibit 8 and the said contention is required to be decided first. According to the submission made by the learned Advocate Mr. Nanavati, application regarding maintainability of reference is relating to 547 employees. Detailed reply was filed vide Exhibit 7. He submitted that the employee was dismissed as per order in award and not as per company’s decision and there is no question of industrial dispute. As per his submiss