J.B. Koshy, J.

The main question to be decided in this case is whether appropriate Government, after passing an order of reference, could subsequently amend or modify the same. On the facts of this petition, 4th respondent was employed in the petitioner-factory. For misconducts proved in an enquiry, 4th respondent was dismissed by order dated 18.7.1989. The matter was taken up by the Union. The appropriate Government referred the matter to the Industrial Tribunal, Quilon. The issue referred for adjudication was:

"Denial of employment to Smt. Sarasamma Amma, Shelling No. 58 of Mukhathala Cashew Factory with effect from 26.11.1988."

During the proceedings of the case before the Industrial Tribunal, Quilon, petitioner-management raised jurisdictional objection that since 4th respondent was dismissed from service, there is no denial of employment and issue referred for adjudication is incompetent. Consequently, 4th respondent applied for amendment of reference as it was contended by the management 'denial of employment' will not cover 'dismissal' from service. Ext. P7 was therefore, issued modifying the reference changing the words 'denial of employment' to 'dismissal'. Fourth