1 oswp-60-11 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 60 OF 2011 Nayana Mukesh Kothari .. Petitioner Vs. The State of Maharashtra and ors. .. Respondents Mr. R. D. Bhat for petitioner. Mr. A. K. Jalisatgi, AGP for respondent nos.1 to 3. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE JJ. SEPTEMBER 12, 2011. P.C. 1. Heard Mr. Bhat the learned counsel for the petitioner. Mr. Jalisatgi, the learned AGP, appears for respondent nos.1 to 3. 2. It is seen from the record that the petitioner and 51 other 2 oswp-60-11 employees had approached the Assistant Commissioner of Labour and Conciliation Officer, Commerce Centre, Tardeo with an industrial dispute, namely, the illegal termination of service, illegal closure of the establishment and/or payment of legal dues. Conciliation proceedings were held between 3/3/2009 to 15/9/2009. The proceedings were closed on 15/9/2009 by advising the employees to approach the employer i.e. respondent no.4 with an appropriate representation. 3. We do not approve of such an action. It was necessary for the Conciliation Officer to explore the possibility of bringing about the settlement and on failure to do so, to submit a failure report to the Deputy Commissioner of Labour so as to take a decision to make a reference for adjudication. The learned AGP, therefore, fairly stated before us that the Conciliation Officer will reopen the proceedings which were closed on 15/9/2009 by issuing notice to all the parties concerned, including the respondent no.4 or his authorised officer and take further appropriate steps as are contemplated under the Industrial Disputes Act, 1947 and the Rules framed thereunder by the State Government. 4. Hence, we direct accordingly and the Conciliation Officer by 3 oswp-60-11 issuing notice to all the parties concerned, including respondent no.4 or his authorised officer, shall hold the conciliation proceedings. 5. Petition is disposed off in terms of the above directions. (SMT. NISHITA MHATRE J.) (B. H. MARLAPALLE, J.)