Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 1475 (JHR)

United Coal works Union, through Union Representative-Naresh Prasad Singh v. Union of India, Ministry of Labour & Employment

2018-07-09

RAJESH SHANKAR

body2018
ORDER : 1. The present writ petition has been filed for issuance of direction upon the respondent-Union of India to forthwith consider the conciliation failure report (Part-I), as contained in Letter No.1/(54)/2016-E-4 dated 31st October, 2017/20th November, 2017, issued by the respondent no.3 under Section 12(4) of the Industrial Disputes Act, 1947 (hereinafter to be referred as ‘the Act’) and, thereafter, to refer the said industrial dispute under Section 12(5) of the Act to the Central Government Industrial Tribunal, Dhanbad for its adjudication. 2. The petitioner-Union has filed the present writ petition with a limited grievance that though the respondent no.3 has sent the conciliation failure report vide letter dated 31st October, 2017/20th November, 2017 to the Secretary, Government of India, Ministry of Labour and Employment, New Delhi- the respondent no.2, yet no decision has been taken by the respondent-Union of India for referring the industrial dispute for adjudication. 3. Having heard learned counsel for the parties, it appears that the respondent no.3 vide letter dated 31st October, 2017/20th November, 2017 has sent the conciliation failure report under Section 12(4) of the Act to the Secretary, Ministry of Labour & Employment, Government of India, new Delhi. 4. According to the petitioner, the respondent-Union of India has not taken any decision as required under Section 12(5) of the Act. Thus, without entering into the merit of the case, the respondent-Union of India is directed to take appropriate decision in pursuance of the letter dated 31st October, 2017/20th November, 2017 issued by the Assistant Labour Commissioner (Central), Dhanbad (respondent no.3) within a period of ten weeks from the date of receipt/production of a copy of this order, unless already taken. 5. The writ petition is disposed of with the aforesaid direction.