KOSHI PROJECT WORKERS ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) A settlement was entered into between the appellants and the respondents in regard to the water Resources Department on November 29, 1994 under which it is provided inter alia as follows:

(2.) When the office bearers of the appellant union, which is a recognised Union, Were sought to be transferred a writ petition was filed before the High Court challenging the validity: of the same. The learned single Judge dismissed the writ petition on the ground that the appropriate remedy to be followed by the appellants was to raise a dispute under Section 10 of the Industrial Disputes Act and not by way of a writ petition. When the matter was carried in appeal, the Division Bench also dismissed the same.

(3.) The contention on behalf of the appellant is that when a settlement has been reached between the parties and that settlement is binding upon the respondents driving the appellants to an industrial dispute will not be an appropriate course. We think there is force in this submission that when settlement has been arrived at under Section 18 (3) of the industrial Disputes Act, the settlement can be (enforced and it is no necessary that its terms are to be enforced only by way of raising an industrial dispute. It could be even by way of a suit or writ petition, if the relief sought for is against an authority or any other remedy that may be permissible under law and not necessarily one under Section 10 of the industrial Disputes Act.