Narendra Nath Tiwari, J.- The petitioner, in this writ petition, has prayed for quashing the order dated 16th September, 2006 (Annexure-1), whereby the petitioner's application before the learned Industrial Tribunal, praying to drop the proceeding of Ref. Case NO.2 of 2003, has been rejected. The petitioner has further prayed for quashing the entire Ref. Case NO.2 of 2003.

2. The concerned workmen were the employees of Tata Oil Mills Company limited, Jasidih (for short TOMCO). There was settlement between the Management and the workmen of TOMCO, regarding their pay scale and other benefits, on 5th June, 1987. The settlement was for three years to end by 4th June, 1990. TOMCO Employees Union terminated the settlement by letter dated 2nd April, 1990 during the continuation of the period of settlement. They placed demands for revision of pay scale etc., which was covered by the said settlement. The demand was in contravention of Section 19 of the Industrial Disputes Act. The production was stopped from May, 1993.

3. Subsequently, TOMCO merged with Hindustan Lever Limited (the petitioner) with effect from 20th December, 1994. The same was thereafter closed down in 1996. The Ma