SUPREME COURT OF INDIA

Before:- Santosh Hegde and S.B. Singh, JJ.

SLP (C) No. 9472/2005. D/d. 6.5.2005.

Philips India Ltd. - Appellants

Versus

Philips Employees Union And Ors. - Respondents

Industrial Disputes Act, 1947, Sections 10 and 11 - Reference - High Court had directed the Conciliation Officer to take into consideration the dispute and file a report - Observations of High Court do not prevent the petitioner from taking recourse to challenge the order of reference if any either before High Court or raise it as preliminary issue before the Industrial Tribunal.

[Para 3]

ORDER

S.B. Singh, J. - By the impugned order all that the High Court has done is to direct the Conciliation Officer to take into consideration the dispute and file a report.

2. But it is true that the High Court has further observed that if there is failure to report, appropriate orders in accordance with law will have to be made.

3. We do not think this observation of the High Court, in any way, prevents the petitioner from taking recourse to challenge the order of reference if any either before the High Court or raise it as preliminary issue before the Industrial Tribunal as the case may be in which event the observations made by the High Court will not come in the way of the issue being decided afresh.

4. With the above observation these special leave petitions are disposed of.

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