SALORA INTERNATIONAL LTD Vs. LABOUR COMMISSIONER KANPUR

JUDGEMENT

(1.) A settlement between the employers and its Union was arrived at outside the conciliation proceedings and was duly registered under Section 6-B(3) of the U.P. Industrial Disputes Act on August 3, 2004. Under this settlement various demands of the Union were met and granted but one of the demands, namely, that the workers, who had worked for more than 5 years should be kept in skilled category was not conceded by the employer, and in view of the other demands being accepted by the employer, this demand was taken back by the Union and it was agreed that this issue would not be raised during the period of the operation of the settlement. The settlement also contemplated that the terms recorded in the settlement would remain in operation for a period of three years from the date of its registration.

(2.) Inspite of the aforesaid settlement, the Union raised a dispute and eventually, the State Government by an order dated September 30, 2005 referred two disputes under Section 4-K of the U.P. Industrial Disputes Act for adjudication before the Industrial Tribunal, Meerut. The terms of the reference order was

(3.) The petitioner is the employer and has filed the present writ petition challenging the validity of the reference order made by the State Government. The short submission raised in this petition is, whether such a reference could be made by the State Government under Section 4-K of the U.P. Industrial Disputes Act? Whether any industrial dispute existed when the matter was settled through a settlement which was duly registered under Section 6-B of the U.P. Industrial Disputes Act ?