Tarakanta Hansda v. State of Odisha
Industrial Disputes Act, 1947 – Sections 12(4) and 12(5) – Reference of industrial dispute
Case brief
What is this about?
Workmen's writ petition (WP(C) No.1051 of 2024, High Court of Orissa at Cuttack, decided 13 May 2024, Arindam Sinha and M.S. Sahoo, JJ.) concerning non-reference of an industrial dispute after conciliation failed (failure report dated 11th August, 2016 with confidential supplementary; Labour Commissioner's communication dated 6th November, 2017 recommending non-reference). Court interpreted Sections 12(4) and 12(5), Industrial Disputes Act, 1947: conciliation officer need not opine on referability; appropriate Government must record and communicate reasons if it does not refer. Directed State to either refer the dispute formulating the question or record and communicate reasons within four weeks. Keywords: failure report, conciliation officer, appropriate Government, reference of dispute, reasons for non-reference, confidential supplementary.
What did the court decide?
Writ petition disposed of with direction to opposite party no.1 to either formulate the question and refer the industrial dispute or record reasons for not referring it and communicate the same to the parties, compliance within four weeks of communication of website copy of the order.