F. I. REBELLO, J.

( 1 ) RULE. By consent heard forthwith. The petitioner by the present petition has prayed for writ of certiorari or any other writ to quash the order dated 25th September, 2003 which is the failure report submitted by the conciliation Officer to the Appropriate Government, in the instant case the central Government. The petitioner also seeks to quash the summons dated 22nd july, 2004 by which the petitioner herein has been called upon to appear before the Industrial Tribunal to which a reference in respect of the industrial dispute raised by the respondent No. 1 as represented by the Union has been referred to by the appropriate Government.

( 2 ) A few facts may now be set out :- There is no dispute that the petitioner falls within the expression State, within the meaning of Article 12 of the Constitution of India. The petitioners were engaging contract labourers through contractor for their business activities. In the instant petition and other petitions before this Court, we are concerned with the activities in Vidarbha region. It is the case of the petitioners that by letter dated 4/8th November, 1985 the Ministry of Labour, Government of India had con