Judgment · High Court

None appears for the petitioner, which resulted in requesting 2(two) lea rned Sr. counsel, namely, Mr. S.N. Sarma and Mr. K.N. Choudhury to assist the Co urt since in the present petition. The grievance of the petitioner is that despi te the failure report submitted by the Conciliation Officer, no decision has bee n taken by the Secretary to the Govt. of India in Ministry of Labour for referen ce of the industrial dispute to the appropriate Tribunal for decision, as requir ed under the Industrial Disputes Act, 1947. The learned Sr. counsel, who have assisted this Court, referring to the affidavit-in-opposition filed by the respondent No.2 employer, have submitted th at it appears that one day after filing of the writ petition the Government of I ndia, Ministry of Labour vide order dated 24.06.2003 referred the dispute to the Industrial Tribunal, Assam for decision in exercise of the power conferred unde r Section 10 of the Industrial Disputes Act, 1947 and consequently reference in Case No.12(c)/ 2003 was registered in the Industrial Tribunal, Assam and notice dated 27.08.2003 has been issued to the petitioner as well as the respondent No. 2. Mr. Sharma, learned Asstt. Solicitor General of India appearing for the respondent No.1 also submits that it is evident from Annexures-1 and 2 to the af fidavit-in-opposition filed by the respondent No.2 that the industrial dispute h as been referred to the Industrial Tribunal, Assam for decision. Since the dispute has already been referred to the Industrial Tribunal, Assam on the basis of which reference case No.12(c)/2003 has been registered and the notice on the said reference case has also been issued to the petitioner ap art from the respondent No.2, no lis survives in the present case. Hence the writ petition stands closed.