( 1 ) THE petitioner is a dismissed employee of the first respondent Bank. He has challenged the action of dismissal by the first respondent Bank as well as the refusal by the Central Government to refer the dispute under the Industrial Disputes Act. It is not necessary to be into the validity or otherwise of the dismissal order in view of our decision on the second aspect.

( 2 ) THE petitioner has complained that the dismissal was illegal on several grounds. He had raised the demands of reinstatement with full back wages the same was contested by the Bank before the Assistant Commissioner of Labour (Central) and ultimately the Assistant Labour Commissioner (Central) made his failure report dt. 14/06/1983 and he observed as follows:"after protracted discussions it was found that both the parties had divergent views in the matter and therefore the conciliation proceedings were closed a having ended in failure. The workman was ready for arbitration or joint reference but the managements representatives did not agree and finally informed that the management is not willing for arbitration etc. as the action taken against the employee is not arbitrable". On this failure r