( 1 ) ALLOWED, subject to all just exceptions. WP (C) NO. 2133/2000: 1. Rule. With the consent of the learned Counsel for the parties the matter is taken up for final hearing.

( 2 ) THE petitioner is a school covered by the provisions of the Delhi School education Act, 1973 (hereinafter referred to as the Education Act ). The respondent No. 1 sought a reference to the Labour Court on the basis of a complaint arising from the termination of his services. On 23. 6. 1992 a reference in the following terms was made by the Secretary (Labour ).

"whether the services of Sh. Gopi Chanda have been terminated illegally and/or unjustifiably by the management and if so, to what relief is he entitled and what directions are necessary in this respect?"

( 3 ) IT is not in dispute that this writ petition raises the question as to whether the making of a reference for adjudication is barred by the provisions of the education Act. The learned Senior Counsel for the petitioner Shri H. L. Tikku has cited a judgment of this Court in Amar Nath v. Director of Education, Govt. of NCT of Delhi and Ors. , 2003 (71) DRJ 673 wherein in paragraphs 3 and 4, it was held as follows:

"3. Learned Cou