KELTRON CONTROLS Vs. WORKMEN OF KELTRON CONTROLS

JUDGEMENT

(1.) The common question that had arisen for consideration was whether a settlement entered into between the employer and the employees represented by the unions otherwise than in the course of a conciliation proceedings and where a copy of the settlement had not been forwarded to the Government and the conciliation officer was enforceable under law.

(2.) A settlement was entered into between the Keltron Controls, Aroor, with the unions on December 5, 1989. The above settlement provided for the regularisation of 11 workmen with ITI qualifications who were taken for training on completion of their training period and 3 expeditor trainees. Further it provided for absorption of certain canteen workers to the regular service of the company as and when vacancies arose. As the management did not comply with the above terms of settlement, the following industrial disputes were raised and were referred to the Industrial Tribunal, Alappuzha as ID 13/1993 for adjudication:

(3.) Whether the canteen workers and construction workers are entitled for recruitment as per agreement dated December 5, 1989. The Tribunal after considering the entire evidence and circumstances held that the settlement was not enforceable under the law, but it directed the management to regularise them in their employment but without back wages. The relevant portion of the award reads: