WP(C) 353/2011 BEFORE THE HON’BLE MR.JUSTICE A K GOSWAMI The learned counsel appearing for the parties have consented to dispose of the m atter at the motion stage, itself, considering the age of the dispute and accord ingly, the matter is taken up for final disposal. Heard Mr SK Singha, learned counsel for the petitioner, Mr S Sarma, learned coun sel for the respondent No 4 and Mr RK Adhikari, learned counsel for the responde nt Nos 1, 2 and 3. The petitioner, the Barak Valley Cha Mazdur Sangh, Silchar, is espousing the cau se of two workmen, namely Shri Mantu Malla and Shri Lakhi Rabidas who were the w orkers of the Silcoorie Tea Estate. There was dispute with regard to the stoppa ge of the work of the said two workers with the management. A conciliation proce eding was initiated and on 5.1.99, the Labour Inspector cum Conciliation Officer , Silchar, who is arrayed as respondent No 3 in this writ petition had recorded that the conciliation proceeding held on 5.1.99 had ended in failure. It is the case of the petitioner that the Assistant Labour Commissioner, Cachar, Silchar, respondent No 2, has forwarded the failure report in terms of the prov isions of sub-section 4 of section 12 of the Industrial Disputes Act, 1947, (for short the Act ), to the appropriate government vide letter No LG.56/52/485, da ted 26.2.2003, for making reference relating to the dispute in respect of the af oresaid two workmen. The respondent No 2 vide letter No LG.56/52/484 dated 1.4.2 005 had also informed the respondent No 1 that a report under sub-section 4 of s ection 12 of the Act was submitted by him on 26.2.2003 by registered post. By th e aforesaid letter the respondent No 2 had requested the respondent No 1 to make a reference of the dispute for adjudication at the earliest since the workmen were pressing hard. Mr Singha, learned counsel appearing for the petitioner, has contended that till date no action has been taken by the respondent No 1 in terms of the provisions of sub-section 5 of section 12 of the Act and, therefore, a direction may be is sued to the respondent No 1 for making a reference of the dispute to the appropr iate Court / Tribunal. Mr Sarma, learned counsel for the respondent No 4, submits that the respondent N o 4 has no positive role to play at this moment but at the same time he informed the Court that he may facilitate availability of the report submitted under sub -section 4 of section 12 of the Act, in case, the same is not available with the respondent No 1. Mr Adhikari, learned counsel for the respondent Nos 1, 2 and 3, does not dispute that once a report under sub-section 4 of section 12 of the Act is submitted, the appropriate government should take steps in accordance with the provisions o f sub-section 5 of section 12 of the Act. Under the provisions of sub-section 5 of section 12 of the Act, a duty is cast o n the appropriate authority, ie, the respondent No 1, to consider the report sub mitted under sub-section 4 of section 12 of the Act and if the appropriate autho rity is satisfied that there is a case for reference to Court / Tribunal, it wil l do so. In case, the appropriate authority considers that a reference is not ca lled for, the reason for the same shall be communicated to the parties concerned . It is not that in every case where there is a failure report under sub-section 4 of section 12 of the Act, a reference is an automatic progression. Making a r eference under the provisions of the Act requires satisfaction of the appropriat e authority, which, of course, is to be based on materials on record. In the facts and circumstances of the case, I consider it appropriate that the e nds of justice would be furthered, if the respondent Nos 1 is directed to take o n board the report submitted under sub-section 4 of section 12 of the Act withou t any further delay and take a decision on the same within a period of six weeks from today. The respondent No 1, in case, finds it difficult to locate the fail ure report submitted earlier, he would call for the same from the respondent No 2 and do the needful in terms of this order. Let a copy of this order be furnished to the learned counsel for the parties by tomorrow. With the aforesaid observations and direction, this writ petition stands dispose d of.