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SCA/13773/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13773 of 2009
=========================================================
GUJARAT
KAMDAR MANDAL I.N.T.U.C - Petitioner(s)
Versus
UNION
OF INDIA THRO. SECRETARYSNEHALATA JAWAS OR SUCCESSOR & 1 -
Respondent(s)
=========================================================
Appearance
:
MR
DS VASAVADA for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1,
MS MITA
S PANCHAL for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 09/03/2010
ORAL
ORDER
Heard
learned Advocate Mr. DS Vasavada for petitioner and learned
Additional Central Government Counsel Ms.Meeta Panchal for respondent
No.1 Union of India.
In
this petitino, petitioner has made prayer to direct respondent no.1
to take appropriate decision or to make reference in response to
failure report submitted by Assistant Commissioner of Labour
(Central) dated 8th March, 2008. Learned Advocate Mr.
Vasavada for petitioner submitted that though failure report has been
submitted by Conciliation Officer under section 12(4) of ID ct, 1947,
yet, no decision has been taken by Government of India so far as
required to be taken under section 12(5) of ID ct. He submitted that
therefore some suitable directions are required to be issued to
respondent NO.1 so he can take appropriate decision in accordance
with law.
I
have considered submissions made by both learned Advocates.
Considering fact that more than two years have passed after
submission of failure report by conciliation officer to Secretary to
Government of India, Ministry of Labour, Shram Shakti Bhavan but no
decision is taken under sec. 12(5) of ID Act, it is directed to
respondent No.1 authority Union of India to take appropriate decision
upon failure report dated 8th March, 2008 annexed as
annexure A to memo of petition, under section 12(5) of ID Act, 1947
within period of three months from date of receipt of copy of this
order.
With
these observations and directions, this petition is disposed of
without expressing any opinion on merits of matter.
(H.K.
Rathod,J.)
Vyas
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