IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1679 OF 2009 Ladhaku Garments Mazdoor Sangh ...Petitioners. v. State of Maharashtra & Ors. ...Respondents. Ms.Rita K. Joshi i/by Ashok D. Shetty, advs. For the Petitioners. Mr.Ranjit Bhosale, AGP. For the Respondent Nos.1 and 2. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 13th January , 2010. P.C. 1 Rule. Appearance on behalf of the respondent nos.1 and 2. For the order to be passed, notice to the respondent nos.3 and 5 is waived. Heard forthwith. 2 Respondent No.2 admitted the matter in conciliation but however, did not send the failure report. This is clearly contrary to the provision of Section 12 of the Industrial Disputes Act. A duty is cast on the respondent no.2 to submit failure report to the appropriate Government. It is then for the appropriate Government to act on the said failure report. 3 In the light of that, impugned order is set aside. Matter is restored back to the file of the respondent no.2. Respondent no.2 after - 2 - hearing the petitioners and the employer shall submit failure report to the appropriate Government which will act according to the law. Rule made absolute accordingly with no order as to costs. (J.H. BHATIA,J.) (F.I.REBELLO, J.)