1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 600/2010. Acharya Vinoba Bhave Rural Hospital .vrs. State of Maharashtra and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 26, 2010. Heard Shri P.D. Meghe, learned counsel for petitioner and learned A.G.P. for respondent nos. 1 and 2. This Court in Writ Petition No. 4591/2008 vide order dated 22.10.2008 negatived the challenge of workers to the adjudication by Industrial Court after noticing that relationship of employer and employee between the parties was neither undisputed nor indisputable. This Court then noted the contention of petitioners that they were working as sweeper since 1992 and 1990 respectively, hence they were permitted to move the Conciliation Officer. Accordingly they moved Conciliation Officer, and the Conciliation Officer has conducted the proceedings. After submission of failure report the State Government has made a reference of Industrial Dispute to the Labour Court at Wardha. Shri Meghe, learned counsel contends that there is absolutely no application of mind while making reference, 2 because of dispute between the parties. According to him at least a prima facie finding that relationship of employer and employee existed between the parties needed to have been recorded. He points out that such scrutiny is not possible because of language of reference as made. It is apparent that the controversy could not have been looked into by the Authority making reference and contentions that a prima facie finding about existence of relationship ought to have been recorded is therefore unsustainable. The Labour Court at Wardha can definitely look into the dispute and it is open for the petitioner to point out to that Court that there was never any employer /employee relationship between the parties. No case is made out warranting interference in writ jurisdiction. Writ Petition is dismissed. No cost. JUDGE Rgd.