USHA SALES LIMITED Vs. LABOUR COURT U P

JUDGEMENT

(1.) Sri Krishna Gopal and Sri Lala Ram (the contesting respondents) were workmen with the petitioner. Their services were terminated on 13.12.1971. The union on their behalf raised an industrial dispute, which was referred by the State Government to the Labour Court on 29.6.1974. It was registered, as adjudication Case No. 235 of 1974. Subsequently, the matter was settled on 4.4.1997 between the petitioner and the union Sponsoring the dispute of the contesting respondents. The petitioner's representative and the Secretary of the Union signed this settlement. The Labour Court accepted the settlement and decided the dispute in its terms on 9.4.1977. The award was also published on 24.4.1977.

(2.) The contesting respondent again raised this dispute before the conciliation officer. This was referred by the State Government to the Labour Court by the G. O. dated 18.2.1980 on 18.2.1980. Earlier both the contesting respondents were covered by one referring order dated 29.6.1974. The present writ petition Is for quashing of the reference order dated 7.2.1980 and 18.2.1980 and for prohibition, restraining the Labour Court from deciding the same on the ground that the dispute already settled, can not be referred to the Labour Court again.

(3.) I have heard Sri Ashok Mohiley, counsel for the petitioner and Sri K. P. Agrawal and Ms. Anuradha Sundaram for the respondents.