VEERAMANI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE petitioner seeks to quash the order passed by the first respondent in a proceeding under section 33-C (2) of the Industrial Disputes Act. The question raised by the petitioner is, whether a settlement entered into between the workers and employers' association, of which association the employer in question is a member, can be held to bind the employer treating him as a co-nomine party to the settlement. The factual materials are as follows :

(2.) THE petitioner herein, who allegedly is a member of Binny Karmikara Sangha which is the trade union of the workers of the second respondent industry, contends that a settlement had been entered into between the workers working in various textile mills in the Karnataka State and the Karnataka Textile Mills Association on September 18, 1979 (annexure "d" ). Clause 11 of the said agreement reads thus : "this settlement will be in force till December 31, 1980. However, the parties agree to resume discussions without prejudice to the rights of both the parties on or after October 1, 1980, on the demands referred to above. "

(3.) THE petitioner alleges that the discussion as contemplated therein re-commenced from february, 1982. It is stated by the petitioner that when the notice of the re-commenced proceedings were served on the second respondent, they wrote to the Commissioner of Labour in karnataka on March 3, 1982, in the following lines :