MEGJIBHAI D MAKWANA Vs. ASST LABOUR COMMISSIONER

JUDGEMENT

(1.) Before adverting to the facts of the present facts, I would like to make reference the few observations made by the Punjab and Haryana High Court in the matter of JAGDISH CHAND V. LABOUR COMMISSIONER AND OTHERS reported in 1995 II LLJ 410. The observations are, therefore, reproduced as under:

(2.) In the present petition, Rule has been issued by this court on 1.9.1993. Affidavit-in-reply has been filed by respondent Nos. 2 to 4 and Rejoinder is filed by the petitioner.

(3.) The brief facts of the present petition is that, petitioner was dismissed from service by the Bank, therefore, petitioner-workman has raised industrial dispute under Section 2(A) of the Industrial Disputes Act, 1947 ('the Act' for short) before the respondent No.1-Conciliation Officer. The said dispute was raised by letter dated 26.6.1989 which was received by the respondent No.1 on 10.8.1989. Ultimately, the Conciliation Officer has negotiated the dispute between the parties and in his intervention the industrial dispute raised by the petitioner has been settled and the settlement has been made in writing between the parties under Section 12 sub-clause (3) of the Act. On behalf of the respondent Nos. 2 to 4 one G.M.Shinde, Officer in staff department, Union Bank of India, Regional Office, Rajkot, who has been authorised representative of the management, has appeared and signed the settlement on 19.12.1991 and there are two witnesses; one Mr. M.H.Vania and other Mr. V.B.Marvadi whose signatures are in the settlement. Thereafter, settlement has been recorded by the respondent No.1-Conciliation Officer. The settlement has been produced by the petitioner as Annexure-A page 12. According to respondent No.1, after preliminary inquiry, in industrial dispute was found existed between the parties and hence it is admitted in conciliation under Section 12 (3) of the Act. Thereafter, the matter was finally taken in conciliation on 19.12.1991 when both the parties remained present through their authorised representative. After prolong discussion and suggestion made to the parties by the Conciliation Officer, both the parties reached to an understanding and agreed to sign a memorandum of settlement before the Conciliation Officer on the following terms of the settlement: