MICO EMPLOYEES ASSN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal from the order of Bopanna, J., dismissing W. P. No. 20435 of 1981. The petitioners therein have presented this appeal. For the sake of convenience, they will hereinafter be referred to as the petitioners.

(2.) In the Writ Petition, the petitioners had impugned the settlement under Section 12(3) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) catered into between the management of the Motor Industries Co , Ltd., (hereinafter referred to as the Management) and the MICO Employees Association. The petitioners had prayed for quashing the settlement which has been produced as Annexure-A to the Writ Petition and to declare that such settlement was not a settlement under Section 12(3) of the Act and could not prevent the petitioners or other workmen employed by the Management from raising any industrial dispute in respect of or in any matters covered by the settlement agreed to by the Management but given up by the impugned settlement and also those not covered by the impugned settlement, during the currency of the settlement.

(3.) The learned single Judge held that the impugned settlement did not satisfy the requirements of Section 12(3) of the Act. However, he declined to quash the impugned settlement and to grant the declaration sought for. The reasoning given by him reads thus :