Bopanna, J.—The question for consideration in this case is whether the state Government has got the power under S. 10(1)(c) of the Industrial Disputes Act, 1947 to make a reference after it had earlier refuse to make such a reference Admittedly the dispute was one under S. 2A of the Industrial Disputes Act, 1947 (14 of 1947).

2. The contention of the Petitioner is that in the light of the Ruling of this Court in Indian Telephone Industries Ltd. Vs. State of Karnataka and Others, ILR (1978) KAR 1282, the State Government after refusing to make a reference at an earlier point of time is precluded from making a reference without hearing the parties to the dispute, since certain civil consequences flow from its earlier order refusing to make the reference.

3. Mr. Subba Rao, learned counsel appearing for the workman has maintained that the power of the State Government to make a reference under S. 10(1)(c) of the Industrial Disputes Act is now well settled by the decision of the Supreme Court in the case of Avon Services Production Agencies (P) Ltd. Vs. Industrial Tribunal, Haryana and Others, AIR 1979 SC 170. In that case, the Supreme Court has held that the power of the State Gov