Faizan Uddin, J. -- 1. In this petition under Article 226 of the Constitution of India, the petitioner challenges the proceedings before the Assistant Labour Commissioner and the order of reference dated 1.12.1989 (Annexure P.15) made by the Add!. Commissioner (Labour) under section 10(1) read with section 12(5) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') referring the dispute to the Labour Court.

2. The petitioner is a Department of the Government of Madhya Pradesh known as "State Institute for Rural Development" (hereinafter referred to as the Sate Institute). Respondent No.5 Naresh Kumar was appointed as Driver in the petitioner State Institute by order dated 19th May, 1987 (Annexure P.2). By order dated 16th August, 1988 (Annexure P.5) the services of respondent No. 5 were terminated. Respondent No. 5 raised an industrial dispute by making an application under section 10 of the Industrial Disputes Act, 1947, before the Assistant Labour Commissioner, Jabalpur. The petitioner State Institute entered appearance before the Assistant Labour; Commissioner and filed reply stating that it is purely a department of the State Government and the activ