IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6779 of 2008 BIHAR STATE ELECTRICITY BOARD& Versus THE STATE OF BIHAR & ORS ----------- 2 14.07.2008 Heard learned counsel for the parties. Petitioner Bihar State Electricity Board (B.S.E.B.) is aggrieved by an order dated 21.09.2007 by virtue of which the Labour Court has taken cognizance of a reference made under section 10(1)(c) of the Industrial Disputes Act and has held that it has no powers to decide the question of jurisdiction as a preliminary issue. Contention of learned counsel appearing on behalf of the petitioner is that this is a misplaced kind of observation which has fallen from the Labour Court and jurisdictional questions ought to be raised and decided at the earliest possible opportunity in this regard. He refers to several decisions of the Hon’ble Supreme Court in support of his contention. The contention further is that the High Court ought to examine this matter and interfere with the impugned order. The observation given by the Labour Court that he does not have powers to decide the issue as a preliminary issue could be misplaced to some extent, but, since the petitioner had not challenged the terms of reference which has been made by the State Government at the earliest, 2 therefore, the reference itself being bad cannot be presumed in law. Objections are taken by the management at various stages but, those objections taken cannot be decided in isolation. But, it is also recorded that while formulating the issues the Labour Court shall formulate this question as well in answering the reference made by the State Government which still occupies the dispute between the parties. The writ application is disposed of with a liberty to the petitioner to assist the Labour Court in formulating the issues and getting it decided. Rajeev/- (Ajay Kumar Tripathi, J.)