Srinivasan J.

The first respondent was employed as a Turner in the Mechanical Section of the appellant's Mills. The appellant framed four charges against the first respondent, and, after a domestic enquiry, dismissed him from service on 4th September, 1971. The first respondent raised an industrial dispute which was referred for adjudication to the second respondent, and it was taken on file as I.S. No. 81 of 1972. The Second respondent, without going into the merits of the case, rejected the claim of the first respondent by order dated 19th October, 1972 on the ground that the first respondent had not made a demand against the Management claiming reinstatement and that there was no industrial dispute. After making a demand, the first respondent raised a dispute against and it was referred to the second respondent for adjudication, by the Government on 23rd August, 1974, which was numbered as I.D. No. 79 of 1974. Against the reference, the appellant filed a writ petition in W.P. No. 3498 of 1974 in this Court, questioning the competence of the Government to make a reference in view of the earlier order of the second respondent. The said writ petition was dismissed on 16t