1 S.B. CIVIL WRIT PETITION NO. 5606/2008. (SURENDRA BARASA VS. BANK OF MAHARASTRA & ANR.) DATE OF ORDER : 28.08.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. M.S. Godara for the petitioner. By this petition for writ, the petitioner is giving challenge to his termination being in violation of para 512 (4 & 5 of the Sastri Award). The petitioner to challenge his termination from his service is having an adequate efficacious alternative remedy under the Industrial Disputes Act, 1947. It is stated by learned counsel for the petitioner that the remedy aforesaid is cumbersome as at the first instance, the workman is required to approach the conciliation officer and then thereafter normally the matter remains pending before the appropriate government on making reference. I am of the view that the remedy given under the Act of 1947 is not cumbersome. If the machinery provided under the Act of 1947 is not working with the required pace then it is not a fault of the statute but of the executive. The intention of the Legislature under the Act of 1947 is to provide a cheap and 2 efficacious remedy to the workman by holding negotiations, and on failure of negotiations by adjudication of the dispute. The conciliation officers as well as the appropriate government while dealing with an industrial dispute are supposed to act promptly. The endeavour should be to get the dispute resolved at first step, i.e. by way of negotiations and if parties failed to reach at any agreement, then the appropriate government must take appropriate decision regarding adjudication of dispute as early as possible. In any case, efforts should be made to complete the entire administrative process relating to the dispute within a period of six months. In the instant petition for writ, I consider it appropriate to observe that if the petitioner raise industrial disputes relating to his retrenchment then the conciliation officer concerned shall arrange the negotiations as early as possible and in the event of failure to reach at any agreement within a period of three months he shall submit a failure report to the appropriate government immediately. The appropriate government in its turn shall consider the dispute as per the provisions of Section 12(5) of the Act of 1947 within a period of one month from the date of the receipt of the failure report from the conciliation officer. 3 With the observations above, this petition for writ stands disposed of. (GOVIND MATHUR)J. Anil/