CWP 7772/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.7772/2006 Chatru Shah Versus State & (2) Ors. Date of Order ::: 14/11/08 Hon'ble Mr. Justice Ajay Rastogi None, for petitioner Mr. JK Agrawal Addl. Govt. Advocate Mr. Pradip Shrimal, for respondent No.3 (employer) Instant petition has been filed assailing an order dt.15/06/05 (Ann.5) of appropriate Government declining to make a Reference for adjudication in exercise of its power U/s 12(5) of Industrial Disputes Act, 1947 (“the Act”). Counsel for respondent No.3 has brought to the notice of this Court that identical matters (CWP-998/07 & 11 Others – Salim Khan Pathan Vs. State) were decided vide judgment dt.09/04/07 (xerox copy whereof has been produced in course of hearing) – a perusal whereof reveals that while taking note of observations made by Division bench at principal seat Jodhpur in Special Appeal (Writ)-525/06 decided vide judgment dt.06/11/06, identical matters (Salim Khan Pathan Vs. State, ibid) were remitted back to appropriate Government to consider the dispute and pass appropriate orders according to law. In the light of DB judgment dt.06/11/06 as taken note of by this Court in its order dt. CWP 7772/06 //2// 09/04/07 passed in CWP-998/07-Salim Khan Pathan Vs. State (supra), instant writ petition is allowed. Order dt.15/06/05 (Ann.5) is hereby quashed & set aside. Matter is remitted back to the appropriate Government to consider the dispute and pass appropriate orders according to law. Compliance be made within two months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.2/7772CW06-1411ID.doc