BRUNDABAN MAHARANA Vs. GOVT OF INDIA & OTHERS

JUDGEMENT

(1.) The petitioner has filed this application seeking for a direction to the opposite parties to initiate conciliation proceeding and/or to refer the dispute for adjudication on the provisions of the Industrial Disputes Act, 1947.

(2.) Opposite parties 1 and 2 have filed counter affidavit stating therein that the conciliation process having failed, the Asst. Labour Commissioner submitted Failure Report on 31.05.1996 under Section 12(4) of the I.D. Act, 1947 to opposite party no.1. On receiving the said report, opposite party no.1 rejected the same without referring the dispute to the Tribunal for adjudication on the ground of delay.

(3.) Before going through the fact of the case, it would be relevant to go through the provision of Section 10 (1) which confers power upon the appropriate Government to the effect that where the appropriate Government is of the opinion that any industrial dispute exists or it apprehended, it may at any time by order in writing refer the dispute to the competent court. Thus, the word "at any time" used in Section 10(1) do not admit any limitation in making an order of reference.