THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.26810 of 2000 ORDER: This writ petition is filed seeking a mandamus by way of directions to the first respondent – Government of India, Ministry of Labour, New Delhi, to refer the dispute to the Industrial Tribunal or Labour Court for adjudication. Petitioner was appointed as a Tracer on 23.03.1964, he was promoted to the Assistant Draftsman Category ‘C’ with effect from 23.10.1978 and he retired from service on 31.12.1996. Thereafter, he raised a dispute with regard to fixation of basic pay, which was paid to him at the time of his appointment. There was also demand for subsequent promotions since 1965 onwards with all consequential benefits. In view of the said dispute raised, conciliation proceedings were held before the Assistant Labour Commissioner (Central), Vijayawada, and as there was no possibility of arriving at the settlement, failure report was sent to the Government. The first respondent by the impugned proceedings, dated 10/16.06.1999 communicated to the second respondent as well as the Union, through which, the dispute was raised, stating that prima facie, there is no case in the claim made on behalf of the workman, as such, it is not a fit case for referring the matter to the Industrial Tribunal or Labour Court for adjudication. It is submitted by the learned counsel for the petitioner that there was anomaly in fixation of pay of the petitioner at the time of his appointment, as such, there are no valid reasons for not referring the matter to the Industrial Tribunal or Labour Court for adjudication. It is to be noted that the petitioner was appointed as early as on 23.03.1964 and at no point of time, he has raised dispute with regard to fixation of his basic pay after his appointment. He approached this Court, 36 years after his appointment and nearly four years after his retirement. Further, though the petitioner was interviewed for the post of Sub-Overseer, when he was offered the post of Tracer, he accepted the same without any protest. Having accepted the employment and retired from service, it is not open for the petitioner to raise such dispute at this point of time. It is well settled that unless prima facie case is made out, merely because a dispute is raised, that by itself is no ground to refer the same for adjudication under the provisions of the Industrial Disputes Act, 1947. To seek reference of the matter, a prima facie case is to be made out before the Government. In that view of the matter, in view of the reasons assigned in the proceedings, dated 10/16.06.1999, issued by the first respondent, I do not find any merit in the writ petition for issuance of directions as prayed for, at this point of time. The writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J 25th NOVEMBER, 2010. kvni