R K CHATURVEDI EX SALES ACCOUNTANT B H E L HARLDWAR Vs. SECRETARY SACHIV B H E L DIST CO OP SOCIETY LTD

JUDGEMENT

(1.) S. P. Srivastava, J. Heard the learned Counsel for the petitioner perused the record.

(2.) FEELING aggrieved by the order passed by the Industrial Tribunal whereunder holding, that the dispute referred for adjudication having already been determined conclusively in the proceedings under the provisions of the U. P. Industrial Disputes Act, the reference made under Section 4-K of the Act was incom petent and bad in law which was not re quired to be adjudicated upon afresh, the petitioner has approached this Court seek ing redress praying for the quashing of the said order.

(3.) THE petitioner admitted the settle ment dated 21-2-1979 but alleged that the terms of the settlement had not been ful filled by the employers and therefore, a dis pute was raised which led to the reference in question. The employer raised a prelimi nary objection to the effect that the refer ence was barred by the settlement arrived at between the parries on 21-2-1979. This issue was decided by the Tribunal as a preliminary issue.