CW 1314/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.1314/08 Vijendra Versus State & Ors. DATE OF ORDER : 21/05/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. B.M. Sharma, for petitioner Mr. J.K. Agrawal, Addl. G.A., for State *** Instant petition has been filed by petitioner with the grievance that despite failure report was sent by the conciliation officer to the appropriate government way back on 1st February, 1999, no decision eitherway has been taken by the authority despite notice of demand for justice being served. Notices were issued by this court on 15th February, 2008. Counsel for petitioner submits that once there is failure report sent to the appropriate government, the authority was under an obligation to take its decision as required u/s.12(5) of the Act, 1947 which the authority has failed to do so and such inaction on their part is in clear violation of principles of natural justice. Counsel for respondents, on the other hand, submits that once there is failure report certainly some decision has to be taken by the appropriate government, but has not been able to clarify what reasons could prevail upon in not passing appropriate order thereto. CW 1314/08 [2] Section 12(5) of the Act, which is relevant for the present purpose, is reproduced as under: “Sec.12(5) If, on a consideration of the report referred to in sub-section (4), the appropriate government is satisfied that there is a case for reference to a Board, Labour Court, Tribunal or National Tribunal, it may make such reference. Where the appropriate government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.” Section 12 defined duties of conciliation officer, the workman first has to approach for his settlement of dispute to the conciliation officer and if settlement could not be arrived at, he may send his failure report to the appropriate government u/s.12(4) of the Act and once failure report is received by the appropriate government, statute casts obligation upon the appropriate government to pass order after due application of mind taking note of material came on record in exercise of powers u/s.12(5) of the Act which in the facts of instant case has not been complied with. Accordingly, the writ petition stands allowed. Respondents are directed to pass orders in terms of Section 12(5) of the Act by the appropriate government within two months from the date certified copy is made available to them. [AJAY RASTOGI], J. FRBOHRA1314CW2008 21-4.doc