MR.JUSTICE D.H.WAGHELA

1. The appellant has invoked Clause 15 of the Letters Patent to challenge the oral judgment dated 29.9.2006 of learned Single Judge, whereby the original petition of respondent No.1 herein was allowed and the Union of India was directed to refer the industrial dispute raised by the petitioner, as envisaged by Section 10(1) of the Industrial Disputes Act, 1947. It was further directed that ad-interim order dated 4th August, 2006, by which the appellant was restrained from changing conditions or terminating services of the workmen concerned, shall operate during the subsistence of contract between the appellant and the contractors concerned.

2. The original petitioner, Trade Union of workmen, had, in the original petition, challenged the order dated 29.06.2006 of the Government refusing to refer the dispute as not fit for adjudication on the ground that the workmen in respect of whom dispute was raised were not appointed by the management of the appellant. It was case of the Trade Union that the appellant engaged drivers through Transport Contractors and contracts with the Transport Contractors were sham and bogus and hence demand was raised, inter alia