JUDGMENT

A. S. NAIDU, J. — A registered Trade Union being aggrieved by order dated February 12, 1992 of the Labour and Employment De¬partment of the Government passed under Secs. 10 (1) and 12 (5) of the Industrial Disputes Act, 1947, refusing to refer an industri¬al dispute relating to termination of services of 45 workmen, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India.

2. For better appreciation, the facts are briefly stated herein below:

Opp. Party No.2 - Hira Cement Works is a Cement Factory set up by the Industrial Development Corporation of Orissa. M/s. Sivens Engineering Enterprises (Opp. Party No.3) was the labour contractor who has supplied workmen to opp. party No.2. On 13.3.1991, the labour contractor (O.P. No.3) served notice of termination of services of 45 workmen, vide Annexure-1. The petitioner-Union filed a complaint on 27.3.91 before the Asst. Labour Officer-cum-Conciliation officer, Bargarh with a request to initiate a conciliation proceeding. However, the concili¬ation proceeding ended in a failure report submitted under Sec. 12 (4) of the I.D.Act with an observation that no industrial dispute exists between the petiti