Section 12(5) in The Industrial Disputes Act, 1947
(5)If, on a consideration of the report referred to in sub-section (4), the appropriate Government is satisfied that there is a case for reference to a Board, [Labour Court, Tribunal or National Tribunal] [ Substituted by Act 36 of 1956, Section 10, for " or Tribunal" (w.e.f. 10.3.1957).], it may make such reference. Where the appropriate Government does not make such a reference, it shall record and communicate to the parties concerned its reasons therefor.