JUDGMENT :

B.S. Chauhan, C.J. - This appeal has been filed against the judgment of the learned Single Judge dated 5.8.2008 by which the learned Single Judge rejected the writ petition for issuing a direction to the Labour Court, Bhubaneswar to decide a issue as to whether the reference has been made by the proper Government as a preliminary issue observing that the Labour court should decide the matter as a whole and not piece meal.

2. The facts and circumstances giving rise to the case are that the reference under the provisions of Industrial Dispute act, 1947 (hereinafter called 'the Act') had been made vide order dated 20.11.1992.

The present Appellant raised dispute in 1998 before the Labour Court, Bhubaneswar that the reference had been made by the State Government which was not the appropriate Government. It was the Central Government which was competent to make the reference. Therefore, the issue as to whether reference had been made by the appropriate Government should be decided as a preliminary issue. The application was rejected by the Labour Court vide order dated 17.8.1999 observing that all the issues involved therein would be decided together. Being aggrieved, the prese