MRS. PRABHA SRIDEVAN J.

1. Whether the Conciliation Officer has commenced the conciliation proceedings, is the question that arises for consideration in this appeal.

2. The third respondent, a resident of Chennai was appointed in its service by the appellant herein, by the appointment letter dt. 19.12.1979, issued from its Head Office at Industrial Estate, Shiroli, Kolhapur. His services, it is said, was terminated on 11.6.82. He later raised an industrial dispute under Section 2(k) of the Industrial Disputes Act, 1947, before the Labour Officer-11 at Madras.

3. According to the third respondent, the appellant has a branch at Madras and upon his termination from service on 11.6.1982, he filed a suit before the City Civil Court at Madras viz., O.S. 3088 of 1984 challenging the termination. Thereafter, he withdrew the suit with liberty to proceed under the Industrial Disputes Act because he felt he could get a better remedy there and hence the petition under section 2(k) of the Industrial Disputes Act was filed.

4. According to the appellant/Management, the third respondent was appointed and worked only at Kolhapur and there was no termination of his service. On the contra