DEVENDER KUMAR Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks directions thereby directing the respondent No.1/Union of India (UOI) to perform its duties as provided under Section 12(5) of The Industrial Disputes Act, 1947(for short ' D Act') by issuing reference order to the concerned Labour Court/Industrial Tribunal or National Tribunal expeditiously and within a period not exceeding two weeks from the receipt of failure report from the Conciliation Officer.

(2.) Further seeks directions thereby directing the respondent No.1/UOI to perform its duties to review at least occasionally the working of the various labour legislations and more particularly of the ID Act.

(3.) Mr.Rajiv Agarwal, learned counsel appearing on behalf of the petitioner submits that claim was raised by the petitioner on 04.05.2011 and the failure report was submitted to the respondent No.1/UOI on 02.05.2013, i.e., after almost two years. Whereas as per Section 12(6) of ID Act, a report is required to be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government.