JUDGMENT 1. - This writ petition is directed against the order Annex. 2 dated 27th February, 1989 whereby the petitioner was informed that against the decision of the Madhya Pradesh High Court an S.L.P. No. 3126/86 had been filed and, there-fore, Central Government had decided not to take any action until the matter is decided by the Supreme Court. The controversy arising out of the decision of the Madhya Pradesh High Court which is now pending before the Supreme court is as to whether All India Radio is an industry or not. I find that the ground on which the Central Government has refused to take any action on the conciliation report is not at all germane to the dispute involved in this case. Merely because in some other matter controversy is pending before the Supreme Court as to whether the All India Radio is an industry or not, the reference in the case of the petitioner could not have been refused. Therefore, the order dated 27th February, 1989 is set aside and the respondents are directed to make a reference under the Industrial Disputes Act and it will be for the appropriate Forum under the Industrial Disputes Act where the parties can agitate the question as to whether the establishment in which the petitioner was working is an industry or not. It will be open for both the parties to lead proper evidence before the Forum under the Industrial Disputes Act on the question as to whether the establishment in which the petitioner was working is an industry or not and this question will be decided there after hearing both the parties. The writ petition is allowed as indicated above. No order as to costs.Petition allowed. *******