JUDGMENT :

MANOJ KUMAR TIWARI, J.

1. Petitioner has challenged the order dated 23.01.2013 passed by Deputy Labour Commissioner, Garhwal Region, Dehradun, whereby it has refused to refer the industrial dispute raised by petitioner to Labour Court, while exercising power under Section 4-K of U.P. Industrial Disputes Act, which is reproduced below:

“4-K. Reference of disputes to Labour Court or Tribunal - Where the State Government is of opinion that any industrial dispute exists or is apprehended, it may at any time by order in writing refer the dispute or any matter appearing to be connected with, or relevant to, the dispute to a Labour Court if the matter of industrial dispute is one of those contained in the First Schedule, or to a Tribunal if the matter of dispute is one contained in the First Schedule or the Second Schedule for adjudication:

Provided that where the dispute relates to any matter specified in the Second Schedule and is not likely to affect more than one hundred workmen, the State Government may, if it, so thinks fit, make the reference to a Labour Court.”

2. The ground taken for refusing to refer the dispute is that the employer does not come within the definition of ‘