LAWS(KAR)-2015-1-417

THE MANAGEMENT OF SCHNEIDER ELECTRIC IT BUSINESS INDIA PVT. LTD. Vs. THE ADDITIONAL CHIEF SECRETARY, DEPT. OF LABOUR AND ORS.

Decided On January 04, 2015
The Management Of Schneider Electric It Business India Pvt. Ltd. Appellant
V/S
The Additional Chief Secretary, Dept. Of Labour And Ors. Respondents

JUDGEMENT

(1.) ALTHOUGH this matter is listed for hearing on I.A., it is taken up for final disposal with the consent of the learned advocates.

(2.) THE petitioner Management has raised the challenge to the Government's order, dated 14.8.2014 (Annexure -E) making the reference of the dispute to the Industrial Tribunal for adjudication.

(3.) HIS next submission is that the individual agreements are signed between April and October 2013. He submits that they cannot be terminated prematurely. He read out the provisions contained in Sections 2(p), 18(1) and 19 of the Industrial Disputes Act, 1947 ('I.D. Act' for short) to advance the submission that the settlement basically means the settlement arrived at between the employer and the workman and that such an agreement or settlement is binding on the parties to the agreement and that it cannot be terminated before the expiry of the period specified in the agreement and that even after the expiry of the agreement period the parties have to give two months' notice of terminating the agreement.