( 1 ) THIS is an appeal from a judgment of our brother Dwivedi refusing to issue a writ of prohibition restraining the Presiding Officer of a labour Court from adjudicating an industrial dispute referred to the Court by the State Government under Section 4k of the U. P. Industrial disputes Act. A dispute arose between the appellant, the employer, and its workmen relating to 31 workmen. The State Government referred the dispute relating to only three of the workmen to the Labour Court end refused to refer the dispute relating to the remaining 28 workmen on the ground that it did not consider it fit to refer it. The dispute relating to three workmen that was referred to the Labour Court ended in a compromise before the Labour Court and thereafter the state Government referred the dispute relating to 21 out of the remaining 28 workmen to the labour Court. The appellants contention is that the State Government had no power left to refer the dispute to the Labour Court after having previously refused to refer it. Our learned brother refused to issue prohibition on the ground that the appellant could raise this question before the labour Court itself.

( 2 ) THE question was of the jurisd

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