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2026 Supreme(Online)(Mad) 41481

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
S.Gowrisankar – Appellant
Versus
The commissioner of Labour – Respondent
WP No. 17253 of 2026 | WMP.No.18528 of 2026



Advocates:
For the Appellants/Petitioners: N.G.R.Prasad, K.K. Ram Sidhartha
For the Respondents: M.Rajendiran, Additional Government Pleader, Anand Gopalan

Conciliation officers must adhere to procedures under Section 12 of the Industrial Disputes Act, 1947 when resolving labour disputes, ensuring all parties participate.

Headnote:Statute Analysis: The Court analyzed the application of Section 12 of the Industrial Disputes Act, 1947, which pertains to the duties of conciliation officers in disputes referred to them. Facts of the Case: The petitioner challenged the communication dated 27.03.2026 issued by the 2nd respondent conciliation officer, claiming that procedures under Section 12 of the Act were not properly followed in the conciliation proceedings. Findings of the Court: The Court observed that the conciliation officer did not follow the procedures under Section 12 of the Act and directed the second respondent to follow the required procedures within twelve weeks.

Issues: Whether the conciliation officer failed to observe procedural requirements under Section 12 of the Industrial Disputes Act, 1947 in conducting conciliation proceedings.

Ratio Decidendi: The Court held that conciliation officers must follow the statutory procedures under Section 12 of the Industrial Disputes Act, 1947 for the resolution of disputes, ensuring participation of all parties.

Result: The writ petition was disposed of with a direction to the conciliation officer to follow the procedures and complete the process within twelve weeks from the receipt of the order. No costs.

Table of Content
1. conciliation officer failed to follow section 12 procedures in labour dispute. (Para 2 , 3)
2. petitioner sought court direction for complete conciliation under statutory procedure. (Para 4)
3. court directed compliance with section 12 within twelve weeks and disposed of petition. (Para 6)

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed challenging the communication dated

27.03.2026 of the 2nd respondent Conciliation officer and quash the same and consequently direct the 2nd respondent Conciliation officer to resume and conclude the Conciliation proceedings in terms of the advice dated 27.09.2023 and to facilitate a decision on the further course of action in the presence and participation of the 3rd respondent management.

3. It is the petitioner that the petitioner Union raised a dispute before the Conciliation Officer namely the second respondent as against the third respondent Management. It is the grievance of the petitioner that the second respondent has not passed the order in terms of Section 12 of the Industrial Disputes Act, 1947. Challenging the same, the present writ petition has been filed.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the second respondent to conclude the conciliation proceedings by following the due procedures contemplated under Section 12 of the Act. Hence, seeks for a direction.

5. Heard both sides and perused the materials placed on record.

6. On perusal of the impugned order dated 27.06.2026, prima facie, this Court is of the view that the procedures contemplated under Section 12 of the Industrial Disputes Act is not followed. In such view of the matter, there shall be a direction to the second respondent to follow the procedures contemplated under Section 12 of the Act. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this Order.

7. Accordingly, this writ petition stands disposed of. No costs.

Consequently, connected miscellaneous petition stands closed.

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