IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9980 of 2002 THE PATNA UNIVERSITY THROUGH ITS ASSISTANT REGISTRAR Versus THE STATE OF BIHAR & ORS ----------- 3 18/4/2009 Heard the parties. It is really shocking for this Court to note as to how the Conciliation Officer (Respondent no. 3) has acted in this case. Earlier notice had been issued directing respondent no.3 to explain as to under what authority of law on failure of conciliation he has decided the matter assuming jurisdiction in the matter when section 12 of the Industrial Disputes Act (hereinafter referred to as the Act) simply says that on failure of conciliation proceeding he would simply refer the matter with the conciliation failure report to the State Government for considering as to whether there is existence of any dispute or whether reference in terms of section 10 of the Act is required to be made. Respondent no. 3 has filed his counter affidavit and though he has given details of the conciliation proceeding but he has completely failed to explain as to his authority in assuming jurisdiction in passing the impugned order. The explanation of respondent no.3, to say the least, is far from satisfactory which would only go to show how powers are being misused by the authorities under the Industrial Disputes Act. In that view of the matter, the order dated 13.7.2002 (Annexure-5) being not an order but merely an opinion of Respondent no. 3 shall not be acted upon in any manner. It will be 2 accordingly also open for the State Government to take its own decision in the matter of making a reference under Section 10 of the Act. The State Government, therefore must apply its independent mind to the facts of this case and find out as to whether the Patna University as with regard to the petitioner will be held to be Industry either as defined under Section 2(S) of Act or as explained in the constitution bench judgment of the Apex Court in the case of Banglore Water Supply Vs. Rajappa, reported in 1978 (2)SCC 213. That being so, this application is allowed. Abhay Kumar (Mihir Kumar Jha, J.)