mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1167 OF 2009 Nazir A. Shaikh ..Petitioner Vs. Union of India & Anr. ..Respondents Ms. Ranjana Todankar, for the petitioner. Mr. C.J. Joy with Mr. B. Ashok for respondent No.1. Mr. M.M. Varma i/b. Mahendra Agvekar for respondent No.2. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 9TH FEBRUARY, 2010 P.C. The petitioner on account of the accident that he suffered was placed as a general workman with the protection as set out in the communication of July 18, 1990. The petitioner accepted the said communication. In the year 2007 for the first time the petitioner apparently raised a dispute in respect of the subject matter of the communication of July, 18, 1990. 2. The Conciliation Officer submitted his failure report. The Appropriate Government by communication of 9th September, 2008 refused to refer the dispute on the ground of long delay. 3. The question is whether in these circumstances it is open to this Court to interfere with the reasons recorded by the Appropriate Government under Section 12(5) of the Industrial Disputes Act, 1947. In our opinion the law is now settled that long delay is relevant ground for the Appropriate Government to refuse to refer the dispute. In the light of that in our opinion considering that the order under Section 12(5) partakes of an administrative order and the reason given is germane we find no reason to interfere in exercise of our extra ordinary jurisdiction. Hence Petition dismissed. (J.H. BHATIA, J.) (F,I. REBELLO,J.)