JOTHIRANI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner got inducted into the second respondent concern as an apprentice. THE terms of employment of apprentice like the petitioner are the subject-matter of settlement under Sec. 12(3) of the Industrial Disputes Act, 1947. THE petitioner does not in any manner impeach the said settlement. As per the terms of the settlement, on the completion of apprenticeship the petitioner cannot insist for continuation of the employment. THE petitioner raised an industrial dispute over his non-employment by the second respondent and that was declined to be referred for adjudication by the impugned order of the first respondent. THE relevant portion of the impugned order runs as follows :

(2.) THE first respondent in substance has taken note of the settlement governing the rights and obligations of the parties. One of the grounds countenanced by the Bench of this Court for the Government to decline to make a reference is the existence of a settlement between the parties and the claim being inconsistent thereto. THE case on hand comes within the above ground. Hence, we are not persuaded to interfere in writ powers. THE writ petition fails and accordingly the same is dismissed. No costs.