IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 1028 OF 2008 PETITION NO. 1028 OF 2008 PETITION NO. 1028 OF 2008 Vinod Ramchandran Keshwan ] .. Petitioner Versus 1. Union of India & anr. ] .. Respondents Mr. Jaiprakash Sawant for the petitioner. Mr. G. Hariharan with Mr. M.S. Bhardwaj i/b Dr. T.C. Kaushik for the respondent No.1. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 23RD JUNE, 2008 P.C. : 1. The petitioner gave a demand notice and thereafter the conciliation proceedings commenced. However, the conciliation failed and, accordingly, the Assistant Labour Commissioner (Central) Mumbai by his letter dated 13th July, 2006, has informed the Secretary, Government of India, Ministry of Labour, New Delhi that the conciliation has failed. 2. On failure of the conciliation, the said authority has to take a decision in respect of the Reference under Section 10 of the Industrial Disputes : 2 : Act. However, since the matter is pending before the said authority since 2006 and no decision has been taken, the petitioner has approached this court by way of the present Writ Petition. 3. The Labour Department is under an obligation to take a decision either way after the failure report filed by the Conciliation Officer. We, therefore, direct that within two weeks from today, the concerned authority i.e. the first respondent shall take a decision in respect of the Industrial matter in issue in this case, either to make a reference or not. 4. This order shall be communicated by the learned counsel appearing for the respondent No.1 to the Government of India, Ministry of Labour. 5. Petition stands disposed of accordingly. Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]