1 S.B. CIVIL WRIT PETITION NO. 2150/2003 Vijay Kumar Sen Vs State of Rajasthan & Ors. DATE OF ORDER :: 21.3.2007 HON'BLE MR. GOVIND MATHUR, J. Mr. R.S. Saluja, for the petitioner. Mr. Shyam Ladrecha, Addl. Govt. Advocate. Mr. Rajesh Joshi, for the respondent No.2. *** At the threshold a preliminary objection is raised on behalf of the respondents that the conduct of the petitioner dis-entitles him to invoke extra ordinary jurisdiction of this Court enshrined under Article 226 of the Constitution of India as he concealed the material fact that before approaching this Court he raised an industrial dispute and the Labour Inspector cum Conciliation Officer, Sriganganagar refused to remit that to the appropriate government. A copy of the communication is placed on record as Annexure-R/1. From perusal of that it appears that as a matter of fact the Labour Inspector cum Conciliation Officer, Sriganganagar while exercising powers under sub-section (4) of the Section 12 of the Industrial Disputes Act, 1947 sent a failure report to the appropriate government but at the same time also observed that the workman submitted a resignation and now he wants to raise a dispute that is nothing but abuse of the process prescribed under the Act of 1947. The workman while approaching this Court should have disclosed this fact. 2 Be that as it may the resultant position is that the petitioner while approaching this Court under Article 226 of the Constitution of India is also availing the remedy under the Act of 1947 and in this regard a failure report was submitted by the Conciliation Officer on 4.9.1995. From perusal of document Annexure-R/1, I am of the considered opinion that the Conciliation Officer is having no authority to make any observation on merits of the dispute and even if, any observation is made by the Conciliation Officer, the failure report is required to be considered by the appropriate government on its own merits. As the petitioner is already availing the alternative remedy and yet no decision is taken by the appropriate government, I am not inclined to entertain this petition for writ. The writ petition, therefore, is dismissed. However, the appropriate government is directed to take appropriate decision on the failure report sent to it by the Labour Inspector cum Conciliation Officer, Sriganganagar on 4.9.1995 within a period of three months from the date the petitioner serves a certified copy of this order upon the appropriate government alongwith a copy of the failure report dated 4.9.1995. (GOVIND MATHUR),J. 3 J.Goyal