Vineesh M.P vs Labour Commissioner And Ors

The petitioner, a junior Clerk working with Dharmadam Service Co-operative Bank, came to be dismissed from service after regular departmental

enquiry. He preferred an application under Section 12 of the Industrial Disputes Act, 1948 raising an industrial dispute and seeking conciliation. It is

averred that there is undue delay in the conciliation proceedings and because of the delay, the petitioner who happens to be the sole breadwinner of

the family is suffering a lot. The petitioner is therefore praying for directing the District Labour Officer, Kannur to complete the conciliation

proceedings and to submit the report if any to the appropriate Government within a prescribed time frame.

Learned Government Pleader submits that this writ petition can be disposed of with a direction to the 3rd respondent District Labour Officer to

expedite the conciliation proceedings and either to arrive at settlement of the dispute or to send failure report to the appropriate Government.

I have considered the submissions so made. The petitioner is a dismissed Junior Clerk and he had applied for conciliation in the matter. It is the duty

of the conciliation officer to conciliate and either to settle the industrial dispute sought to be raised or to submit failure report to the appropriate

Government which in turn is required to make an order of reference on arriving at a conclusion that industrial dispute exists.

In the case in hand, the petitioner is a Junior Clerk dismissed by his employer and as such, prima facie case is that of industrial dispute. If the

dispute cannot be settled in conciliation proceedings, then, on receipt of failure report, appropriate Government is duty bound to refer the same for

adjudication to the appropriate Court or Tribunal.

In the light of the foregoing discussions, this writ petition is disposed of with a direction to the respondents to expedite the conciliation proceedings and

if settlement could not be arrived at, then to consider reference of the industrial dispute to appropriate Government for adjudication expeditiously and

the appropriate Government should thereafter, on arriving at the existence of industrial disputes, refer the same to the appropriate court for

adjudication.