1 S.B.CIVIL WRIT PETITION NO.1194/2005 Narayan Lal Sharma v. State of Rajasthan & Ors. Date of Order :: 26th March, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Rakesh Kalla, for the petitioner. Mr. S.G.Ojha, for the respondents. .... The appropriate government by its order dated 31.12.2004, while exercising powers under sub- section (5) of Section 12 of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act of 1947”) refused to refer the industrial dispute for its adjudication on the count that the petitioner in the year 1997-98 did not complete nine years of service. Relevant to note here that the dispute was relating to grant of selection grade on completion of nine years of service. The petitioner was also disputing the date for computation of nine years of service. It is well settled that the appropriate government is having no authority to examine the merits of a dispute while exercising powers under sub- section (5) of Section 12 of the Act of 1947. In the instant matter too it was for adjudicating forum under 2 the Act of 1947 to examine as to whether the petitioner completed nine years of service and whether he was entitled for selection grade or not. The appropriate government, thus, while refusing to make reference exceeded jurisdiction vested with it. Accordingly, this petition for writ deserves acceptance. The same, therefore, is allowed. The order impugned Anx.4 dated 31.12.2004, passed by the Deputy Secretary to the Government of Rajasthan, Department of Labour, bearing No.F(1)(1409)Shram/2004, is hereby quashed. The appropriate government is directed to reconsider the failure report submitted by the conciliation officer afresh and to take an appropriate decision for making reference of the dispute in accordance with law. No order to costs. ( GOVIND MATHUR ),J. Kkm/ps.