DBSAW NO.62/07. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. J U D G M E N T D.B. CIVIL SPECIAL APPEAL (WRIT) NO.62/2007. IN S.B. CIVIL WRIT PETITION NO.7263/1992. Rajendra Singh Rathore Vs. State of Rajasthan & Ors. Date of Judgment:- February 28, 2008. QUORUM HON'BLE THE CHIEF JUSTICE SHRI NARAYAN ROY HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri V.K. Mishra for the appellant. Smt. Parinitoo Jain, Deputy Government Counsel. ***** BY THE COURT:- Heard learned counsel for the appellant and also the learned counsel for the State. 2) It appears that the appellant-workman was retrenched orally in November, 1990 on the plea that he absented from duty. On account of retrenchment, appellant-workman directly approached the Conciliation Officer. The matter was considered by the Conciliation Officer after due notice to the other side. However, an alternative job was offered to the workman for the post of Tree Guard which offer was refused by the concerned workman-appellant. The Conciliation DBSAW NO.62/07. 2 Officer thereafter submitted failure report. On the basis of the failure report, the appropriate Government in exercise of its powers under sub- Section (5) of Section 12 of the Industrial Disputes Act, 1947 refused to refer the matter for adjudication to the Labour Court. 3) This necessitated the workman-appellant to file writ application before this Court which was dismissed giving rise to this special appeal. 4) It is submitted by the learned counsel for the appellant that while refusing to refer the matter for adjudication, no reason whatsoever has been assigned by the appropriate Government therefore, the order refusing reference would not be sustainable in law. 5) We have perused the order passed by the appropriate Government refusing to refer the matter for adjudication as contained in Ann.4 to the writ application. 6) On reading of the order, we do not find any reason for refusal whereas, sub-Section (5) of Section 12 mandates appropriate Government to communicate the parties concerned its reasons when it does not want to refer the matter to the Labour Court. For want of sufficient reasons, as envisaged under sub-Section (5) of DBSAW NO.62/07. 3 Section 12 of the Act of 1947, the order passed by the appropriate Government refusing to refer the matter, in our view, is not sustainable. The learned Single Judge of this Court has however without proper consideration of the matter in correct perspective, dismissed the writ application. In the result, this special appeal is allowed. The order impugned in this appeal dated 27/1/2006 (Ann.1) as well as the order dated 24/8/1992 (Ann.4 impugned in writ application) are set-aside. The appropriate Government is directed to pass necessary orders upon the failure report submitted by the Conciliation Officer afresh in accordance with law. (MOHAMMAD RAFIQ), J. (NARAYAN ROY), CJ. anil