M/S Philips Electronics India … vs State Of Punjab And Others on 21 January, 2009

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                             C.W.P. No. 7309 of 2008.
                                       Date of Decision : January 21, 2009.

M/S Philips Electronics India Limited, Mohali.           ...... Petitioner.

                                   Versus.

State of Punjab and others.                              ...... Respondents.

CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.

Present:     Mr. Mansur Ali, Advocate,
             for the petitioner.

Mr. Vijay Kumar Chaudhary, Assistant Advocate General,
Punjab.

Mr. Ashwani Gaur, Advocate,
for the respondent No. 3.

-.-

AUGUSTINE GEORGE MASIH, J. (ORAL).

Counsel for the petitioner contends that vide order dated

20.02.2008 (Annexure-P-10), reference has been made by the respondent

No. 2 of the dispute in the Labour Court for adjudication without taking into

consideration the earlier rejection of reference dated 16.11.2006

(Anneuxre-P-7). He contends that without taking into consideration the

earlier rejection, the authority has proceeded to refer the matter now to the

Labour Court which would not be in accordance with law.

I have heard counsel for the parties.

Reference order under Section 10 of the Industrial Disputes Act

is purely administrative order, and therefore, the principles of res judicata

has not applicable, although, that has not been argued by counsel for the
C.W.P. No. 7309 of 2008. -2-

petitioner but the intend by making mention to the earlier order declining

the reference is this. The Judgment of Hon’ble the Supreme Court in the

case of Sultan Singh Versus State of Haryana, 1996(2) S.C.C. 66, is

directly against the petitioner as asserted in his writ petition.

That being the position, I do not find any merit in this writ

petition and dismiss the same.

(AUGUSTINE GEORGE MASIH)
JUDGE
January 21, 2009.

sjks.